Legislation # 07-0162 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 3/28/2007
Title AN ORDINANCE TO AMEND CHAPTER 9, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “BUILDING AND DEVELOPMENT REGULATIONS.”
 
Legislation History 07-0162
DateNotice Of ActionDescription
3/30/2007 Moved to approve consent agenda items 2 through 6 on first and final reading.
3/30/2007 Moved to waive second reading on consent agenda items 2 through 6.
3/15/2007 Received By Clerk's Office
 
View Attachments 07-0162
FileTypeSizeDescription
Chapter 9 Redline Version.DOC Other 347K Chapter 9 Redline Version
 
Legislation Text 07-0162

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0162

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 9, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED BUILDING AND DEVELOPMENT REGULATIONS.

 

 

 

 

Chapter 9

 

BUILDING AND DEVELOPMENT REGULATIONS*

__________

* Cross References: Excavating, filling and similar operations, Ch. 13; fire prevention and protection, Ch. 14; approval of plans required prior to construction or alteration of food establishment, 15-21; special construction requirements for food establishments, 15-28 et seq.; mobile homes and mobile home parks, Ch. 20; restrictions on building operations at night, 22-8; sewers and sewage disposal, Ch. 30; stormwater management, Ch. 33.1; streets and sidewalks, Ch. 34; street numbers for buildings, 34-111 et seq.; subdivisions, Ch. 35; swimming pools, Ch. 36; water supply, Ch. 39; wetlands zoning ordinance, 41.1-5 et seq.; general zoning ordinance, App. A.

State Law References: General authority of city relative to building regulations, Code of Virginia, 15.2-1117, 36-97 et seq.

__________

 

Article I. In General

Sec. 9-1. Definition.

Sec. 9-2. Violations.

Sec. 9-3. Reserved.

Sec. 9-4. Reserved.

Sec. 9-5. Permits required to move building on streets, alleys, etc.

Sec. 9-6. Deposit of building materials in public places.

Sec. 9-7. Determination of lot lines as prerequisite to issuance of building

permit; duty of building official as to street encroachments.

Sec. 9-8. Reserved.

Sec. 9-9. Standards for preconstruction soil treatment against termites.

Sec. 9-10. Site grading of lots.

Sec. 9-11. Removal of power wires during fire, disaster, etc.

Sec. 9-12. Use of power and telephone poles by city.

Secs. 9-13--9-25. Reserved.

 

Article II. Building Code

 

Division 1. Generally

Sec. 9-26. Adoption and enforcement.

Sec. 9-27. Availability of copies.

Sec. 9-28. Reserved.

Sec. 9-29. Plan review fee.

Sec. 9-30. Fee for appeals.

Sec. 9-31. Emergency action.

Sec. 9-32. Charges collected as taxes.

Secs. 9-33--9-40. Reserved.

 

Division 2. Permit and Inspection Fees

Sec. 9-41. Payment prerequisite to issuance or amendment of permit; no

refunds.

Sec. 9-42. Building fees generally.

Sec. 9-43. Electrical fees.

Sec. 9-44. Mechanical and gas fees.

Sec. 9-45. Plumbing fees.

Sec. 9-46. Permit reissuance fee.

Secs. 9-47--9-60. Reserved.

 

Article III. Repealed

 

Article IV. Site Plans

 

Division 1. Generally

Sec. 9-131. Definitions.

Sec. 9-132. Violations of article.

Sec. 9-133. Exceptions from article.

Sec. 9-134. Relationship of article to other laws.

Sec. 9-135. Combining plan required by article with that required by zoning

ordinance.

Sec. 9-136. When approved plan required--Construction of buildings.

Sec. 9-137. Same--Enlargement of buildings.

Sec. 9-138. Same--Alteration of grade, construction of streets, removal of trees,

etc.

Sec. 9-139. Approved plan prerequisite to issuance of work permit.

Sec. 9-140. Plan classifications.

Sec. 9-141. Preliminary plan generally.

Sec. 9-141.1. Coordination with other agencies.

Sec. 9-142. Contents of preliminary plan.

Sec. 9-143. Consideration of preliminary plan by other city departments, etc.

Sec. 9-144. Approval or disapproval of preliminary plan.

Sec. 9-145. Final plan generally.

Sec. 9-146. Filing fees.

Sec. 9-147. Time of validity of plans.

Sec. 9-148. Failure of city to act on plans.

Sec. 9-149. Appeal from disapproval of plan.

Sec. 9-150. Approved plans to be kept on file as public records.

Secs. 9-151--9-165. Reserved.

 

Division 2. Work and Development Pursuant to Approved Plan

Sec. 9-166. General requirements.

Sec. 9-167. Compliance with plan.

Sec. 9-167.1. Development in the resource protection area; buffer area.

Sec. 9-167.2. Reserved.

Sec. 9-168. Green areas.

Sec. 9-169. Public improvements.

Sec. 9-169.1. Stormwater management facilities.

Sec. 9-170. Reservation of land for public use.

Sec. 9-171. Exterior site lighting.

Secs. 9-172--9-189. Reserved.

 

Article V. Housing Improvement Program

Sec. 9-190. Definitions.

Sec. 9-191. Intent.

Sec. 9-192. Identification of risk factors.

Sec. 9-193. Inspections.

Sec. 9-194. Inspection fees.

Sec. 9-195. Violations and notifications.

Sec. 9-196. Appeals.

Sec. 9-197. Penalties.

Sec. 9-198. Effect on agreements between owners and occupants, etc.

Sec. 9-199. Enforcement.

Secs. 9-200, 9-201. Reserved.

Secs. 9-202--9-205. Reserved.

 

Article VI. Barbed Wire

Sec. 9-206. Enforcement of article.

Sec. 9-207. Violations of article.

Sec. 9-208. Exceptions from article.

Sec. 9-209. Article does not permit fences not otherwise permitted by zoning

ordinance.

Sec. 9-210. Use generally.

Sec. 9-211. Specifications and requirements for permitted use.

Secs. 9-212--9-219. Reserved.

 

Article VII. Roominghouses; Boardinghouses

Sec. 9-220. Purpose.

Sec. 9-221. Definitions.

Sec. 9-222. Compliance with article.

Sec. 9-223. Operating permit generally.

Sec. 9-224. Suspension and revocation.

Sec. 9-225. Penalties.

Sec. 9-226. Initial compliance.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 9-1. Definition.

 

As used in this chapter, the term "building code" shall mean the Uniform Statewide Building Code and building regulations adopted and promulgated pursuant thereto as adopted by section 9-26.

 

As used in section 9-2(b) of this chapter, the term "owner" shall mean the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, or lessee in control of a building or structure.

(Ord. No. 1053, 6-24-92)

State Law References: Similar provisions, Code of Virginia, 36-97.

 

Sec. 9-2. Violations.

 

(a) General penalty for violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00).

 

(b) Building code and related violations. Any owner or any other person who shall violate any provision of the building code, or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official or of a permit or certificate issued under the provisions of the building code, shall be guilty of a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00).

 

In addition, if the building code violation concerns a residential unit and if the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the building code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction.

 

(c) Fines. The following minimum fines shall apply only to convictions for building code violations which cause a building or structure to be unsafe or unfit for human habitation. Any person convicted of a second offense committed within less than five (5) years after a first offense under this chapter shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense under this chapter shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a third or subsequent offense committed within ten (10) years of an offense under this chapter shall be punished by a fine of not less than one thousand five hundred dollars ($1,500.00) nor more than two thousand five hundred dollars ($2,500.00).

 

(d) Violations restrained, prohibited or enjoined. Any violation of this chapter may also be restrained, prohibited, or enjoined by appropriate proceedings.

(Ord. No. 1058, 6-24-92; Ord. No. 1094, 7-14-93)

State Law References: Similar penalty provision, Code of Virginia, 36-106(A); abatement or removal of nuisances, Code of Virginia, 15.2-900.

 

Sec. 9-3. Reserved.

Editors Note: Ord. No. 1164, adopted April 24, 1996, repealed 9-3, which pertained to registration and bonding of contractors, and which derived from Ord. No. 428, 8.2-22; and Code 1964, 8.1-63.

 

Sec. 9-4. Reserved.

Editors Note: Ord. No. 862, adopted July 8, 1987, repealed 9-4 establishing fire limits, which derived from Ord. No. 428, 8.1-3; Ord. No. 669, adopted Sept. 24, 1980; Code 1964, 8.1-3 and Ord. No. 732, adopted Sept. 22, 1982.

 

Sec. 9-5. Permits required to move building on streets, alleys, etc.

 

No person shall move any building or part of any building through or across any sidewalk, street, alley or highway within the city limits, without first obtaining a building permit from the building official and a moving or hauling permit from the director of public works.

(Ord. No. 428, 8.1-21; Code 1964, 8.1-21)

 

Sec. 9-6. Deposit of building materials in public places.

 

It shall be unlawful and a Class 1 misdemeanor for any person to deposit, drop, scatter or leave, or cause to be deposited, dropped, scattered or left, in or upon any street, alley, sidewalk, parking or other public place in the city, building material of any kind; provided, however, that in cases where it is unusually difficult or impossible to get building material to the premises without depositing same in some public place, a permit shall be obtained from the city manager and the person obtaining the permit shall give notice of such permit to the division of police.

(Ord. No. 493; Ord. No. 561, 2-15-78; Code 1964, 20-19)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 9-7. Determination of lot lines as prerequisite to issuance of building permit; duty of building official as to street encroachments.

 

No permit shall be issued under the building code for the construction of any building, or for the alteration of any building in such a manner as to affect the exterior walls, bays, balconies or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has determined his lot lines. It shall be the duty of the building official to see that the street lines are not encroached upon in any manner whatsoever, except as provided for in the building code.

(Ord. No. 428, 8.1-20; Code 1964, 8.1-20)

 

Sec. 9-8. Reserved.

Editors Note: Ordinance No. 1025, adopted Nov. 13, 1991, repealed 9-8, which pertained to unsafe buildings erected prior to Sept. 1, 1973, and derived from Ord. No. 428, 8.1-126; Ord. No. 445, 6; Ord. No. 524; Code 1964, 8.1-126.

 

Sec. 9-9. Standards for preconstruction soil treatment against termites.

 

The standards of the National Pest Control Association shall be deemed as approved in respect to preconstruction soil treatment against termites.

(Ord. No. 428, 8.1-123; Code 1964, 8.1-123)

 

Sec. 9-10. Site grading of lots.

 

It shall be the responsibility of the building contractor, upon completion of construction, to grade off existing sites or lots. Such grading shall meet all required grade elevations as described in or on the developer's subdivision plan or site plan. The area below all buildings (crawl space) is to be included.

 

The lowest elevation of the ground in the crawl space shall not be lower than the finish grade on the exterior of the building measured at the foundation walls. The building official may require a certified statement made by a professional engineer or land surveyor stating that the grading of the lot and the crawl space meet requirements of the approved subdivision plan, site plan and this section. The statement must be presented to the building official prior to the issuance of an occupancy certificate.

(Ord. No. 774, 6-27-84)

 

Sec. 9-11. Removal of power wires during fire, disaster, etc.

 

At the request of the fire chief or his authorized agent, a power company doing business in the city shall have present at any fire, disaster or emergency, a qualified representative to disconnect or remove, from any building, structure or pole, all wires belonging to such company.

Cross References: Fire prevention and protection, Ch. 14.

 

Sec. 9-12. Use of power and telephone poles by city.

 

The city shall have the right to place its traffic lights, fire or police alarm circuits and signal wires on any pole carrying power or telephone circuits. Attachments shall be made as mutually agreed upon by the city manager and the parties involved; such use shall not interfere with the proper use of such pole and the fixtures thereon.

 

Secs. 9-13--9-25. Reserved.

 

ARTICLE II.

 

BUILDING CODE*

__________

* Cross References: Certificate of occupancy to be issued under building code prior to operation of food establishment in existing building, 15-22.

__________

 

DIVISION 1.

 

GENERALLY

 

Sec. 9-26. Adoption and enforcement.

 

(a) There is hereby adopted, for the purpose of establishing rules and regulations applicable to and governing buildings, structures and appurtenances, the Uniform Statewide Building Code (including the maintenance of existing buildings); Virginia Industrialized Building Safety Regulations; Virginia Manufactured Home Safety Regulation; Virginia Amusement Device Regulations; Virginia Certification Standards; Virginia Standards Governing Operation of Individual and Regional Code Academies promulgated by the State Board of Housing and Community Development. Such codes are hereby made a part hereof to the same extent as if set out herein at length.

 

(b) The building official shall have authority to enforce the provisions of the building code, and all codes, regulations, and standards set forth in subsection (a).

(Ord. No. 428, 8.1-23; Code 1964, 8.1-23; Ord. No. 839, 10-8-86; Ord. No. 886, 4-27-88; Ord. No. 1005, 3-27-91; Ord. No. 1026, 11-13-91; Ord. No. 1057, 6-24-92; Ord. No. 1103, 9-22-93; Ord. No. 1116, 4-27-94; Ord. No. 1146, 8-9-95; Ord. No. 1184, 5-28-97)

State Law References: Virginia Uniform Statewide Building Code, Code of Virginia, 36-97 et seq.

 

Sec. 9-27. Availability of copies.

 

Copies of the building code are obtainable during regular business hours in the Codes Compliance Department.

(Ord. No. 428, 8.1-25; Code 1964, 8.1-25)

 

Sec. 9-28. Reserved.

Editors Note: Ordinance No. 1056 repealed 9-28, which pertained to violations and did not carry a history note.

 

Sec. 9-29. Plan review fee.

 

(a) A non-refundable fee of fifty dollars ($50.00) shall be charged for review of plans by the codes compliance department before the person submitting such plans makes application for a permit required by the building code.

 

(b) The fee prescribed by this section shall not apply to one-and two-family (R-4) drawings.

(Ord. No. 428, 8.1-26.3; Ord. No. 469; Ord. No. 551, 11-9-77; Ord. No. 619, 6-27-79; Code 1964, 8.1-26.3; Ord. No. 765, 8.1-26.1(p), 12-14-83; Ord. No. 1301, 5-9-01)

 

Sec. 9-30. Fee for appeals.

 

For each appeal to the building code board of appeals, as provided for in the building code, the fee shall be fifty dollars ($50.00).

(Ord. No. 428, 8.1-26.3; Ord. No. 469; Ord. No. 551, 11-9-77; Ord. No. 619, 6-27-79; Code 1964, 8.1-26.3; Ord. No. 765, 8.1-26.3(q), 12-14-83; Ord. No. 1301, 5-9-01)

 

Sec. 9-31. Emergency action.

 

In addition to the authority granted to the building official in providing temporary safeguards and emergency repairs set forth in the building code the building official, in cases of emergency which, in his opinion, involve immediate danger of collapse or failure of a building, any part of a building, wall or any other structure, which would endanger life, or when a violation of the building code results in a hazard that creates an immediate, serious and imminent threat to the life and safety of the occupants, he shall promptly cause such building or portion thereof to be made safe or removed. For this purpose he may at once enter such building or structure or land on which it stands, or abutting land or structures, with such assistants and at such cost as he may deem necessary. He may vacate adjacent structures and protect the public by appropriate fences or such other means as may be necessary, and for this purpose may close a public or private way.

(Ord. No. 1027, 11-13-91; Ord. No. 1127, 7-13-94)

 

Sec. 9-32. Charges collected as taxes.

 

After reasonable notice and reasonable time to remove, repair or secure a building, wall, or structure is given to the owner and lien holder of such property, costs and expenses incurred by the city acting pursuant to the building code or section 9-31, in the removal, repair, or securing of a building, wall or any other structure shall be chargeable to and paid by the owners of such property and may be collected as taxes and levies are collected. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided by law. Nothing herein shall be construed to prohibit the city from collecting such costs and expenses in any other manner provided by law.

(Ord. No. 1027, 11-13-91; Ord. No. 1089, 5-26-93)

 

Secs. 9-33 -9-40. Reserved.

 

DIVISION 2.

 

PERMIT AND INSPECTION FEES*

__________

* State Law References: Authority of council to levy fees to defray cost of building code enforcement, Code of Virginia, 36-105.

__________

 

Sec. 9-41. Payment prerequisite to issuance or amendment of permit; no refunds.

 

No permit to begin any work covered by the building code shall be issued until the fees prescribed in this division have been paid to the Codes Compliance department, nor shall an amendment to a permit necessitating an additional fee because of an increase in the amount of work involved be approved until the additional fee has been paid. No permit fees prescribed in this division shall be refunded. No permit to begin any work covered by the building code shall be issued until any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid.

(Ord. No. 428, 8.1-26; Code 1964, 8.1-26; Ord. No. 1358, 9-10-03)

 

Sec. 9-42. Building fees generally.

 

The following fees shall be charged for permits and inspections provided for in the building code with respect to work for which fees are not prescribed by other sections of this division. Beginning work without first obtaining the necessary permit shall result in a fee of fifty dollars ($50.00).

 

(a) Minimum permit fee . . . . . $40.00

 

(b) Reinspection fee, each . . . . . 50.00

 

(c) Basic permit fee:

 

(1) Usable area under roof, per building or structure (includes all new construction, finished or unfinished):

 

a. Buildings 0 --40,000 square feet, per square foot . . . . . 0.11

 

b. Buildings 40,000 square feet and above, per square foot . . . . . 0.10

 

c. All structures not under roof (including patios, decks, ramps, loading docks, etc.) per square foot . . . . . 0.09

 

(d) Demolition permit fee:

 

(1) Accessory buildings and structures, each . . . . . 30.00

 

(2) All other buildings and structures, each . . . . . 40.00

 

(e) Moving structures permit fee:

 

(1) Moving structures to a location outside of the city limits: Same as prescribed in (d)(1) and (d)(2) above.

 

(2) Moving structures to a location within the city limits: Same as the basic fee prescribed in (c)(1) above.

 

(f) Industrialized building permit fee: (excluding mobile units): Same as the basic fee prescribed in (c)(1) above.

 

(g) Module construction permit fee: Same as the basic fee in (c)(1) above.

 

(h) Mobile homes and other mobile units permit fee: Fifty dollars ($50.00) each. This includes inspecting unit, foundation, blocking, tie-downs, anchoring, water line connection, drain connection and electrical cord connection and HVAC connection.

 

(i) Sign permit:

 

Base fee, each . . . . . $40.00

 

In addition to the main sign for the address, the base fee includes all signs with a total square foot sign face area of ten (10) square feet or less for each sign (includes entrance, exit and directional signs.)

 

For erection and/or relocation of signs, fee is determined by base fee plus area fee. Area fee shall be determined by total square foot area of all sign faces of each sign.

 

Area Fee

 

0--24 square feet . . . . . $5.00

 

25--49 square feet . . . . . 6.00

 

50--74 square feet . . . . . 8.00

 

75--99 square feet . . . . . 10.00

 

100--299 square feet . . . . . 20.00

 

300 square feet and over . . . . . 25.00

 

Replacing, altering existing sign faces, each sign . . . . . 40.00

 

(j) Tents and other temporary structures permit fee: Thirty dollars ($30.00) each.

 

(k) Chimney's, fireplaces, wood and coal stoves and other solid-fuel burning heaters, per one thousand dollars ($1,000.00) or fraction thereof . . . . . $8.00

 

NOTE: Fireplaces, heaters and chimneys shall be included in new construction permit fees only if so noted at the time of issuing the permit.

 

(l) All other structures as defined in the Building Code not included in the above fee schedule (includes piers, trestles, fences, bulkheads, exterior siding, fire damage, general repairs, pools, towers, steeples and alterations to a previously finished space), per one thousand dollars ($1,000.00) or fraction thereof . . . . . $9.00

 

(m) Plans examination: A fee of fifty dollars ($50.00) shall be charged for the review of plans prior to making application for a permit (nonrefundable).

 

Exception: One-and two-family (R-4) drawings.

 

(n) For each appeal to the building code board of appeals, the fee shall be fifty dollars ($50.00).

 

(o) Temporary certificate of occupancy . . . . . $35.00

(Ord. No. 428, 8.1-26.3; Ord. No. 469; Ord. No. 551, 11-9-77; Ord. No. 619, 6-27-79; Code 1964, 8.1-26.3(a)--(n), 12-14-84; Ord. No. 833, 5-28-86; Ord. No. 889, 6-8-86; Ord. No. 995, 1-9-91; Ord. No. 1210, 5-13-98; Ord. No. 1302, 5-9-01)

 

Sec. 9-43. Electrical fees.

 

The following fees shall be charged for permits and inspections provided for in the building code with respect to electrical work. Beginning work without first obtaining the necessary permit shall result in a fee of fifty dollars ($50.00).

 

(a) Minimum permit fee . . . . . $40.00

 

(b) Reinspection fee, each . . . . . 50.00

 

(c) New service equipment permit fee (new construction fee based on total ampacity of service equipment and subpanels feeder overcurrent protection, includes all work):

 

(1) Single-phase:

 

0 amps to 125 amps . . . . . $40.00

 

126 amps to 150 amps . . . . . 45.00

 

151 amps to 200 amps . . . . . 50.00

 

Over 200 amps . . . . . 50.00

 

Plus per 50 amps or fraction thereof . . . . . 15.00

 

(2) Three-phase:

 

0 amps to 125 amps . . . . . 45.00

 

126 amps to 150 amps . . . . . 50.00

 

151 amps to 200 amps . . . . . 55.00

 

Over 200 amps . . . . . 55.00

 

Plus per 50 amps or fraction thereof . . . . . 15.00

 

(d) Service increases (includes all work):

 

(1) Single-phase:

 

Up to 200 amps increase . . . . . 40.00

 

Over 200 amps increase . . . . . 40.00

 

Plus per 50 amps or fraction thereof . . . . . 15.00

 

(2) Three-phase:

 

Up to 200 amps increase . . . . . 45.00

 

Over 200 amps increase . . . . . 45.00

 

Plus per 50 amps or fraction thereof . . . . . 15.00

 

(e) Temporary service, each . . . . . 30.00

 

(f) Add-ons, to existing service and all other work not included in this section, per one thousand dollars ($1,000.00) or fraction thereof . . . . . 7.00

(Ord. No. 428, 8.1-26.1; Ord. No. 619, 6-27-79; Code 1964, 8.1-26.1; Ord. No. 765, 8.1-26(a)--(j), 12-14-83; Ord. No. 833, 5-28-86; Ord. No. 889, 6-8-86; Ord. No. 995, 1-9-91; Ord. No. 1210, 5-13-98; Ord. No. 1225, 7-15-98; Ord. No. 1302, 5-9-01; Ord. No. 1314, 7-11-01)

 

Sec. 9-44. Mechanical and gas fees.

 

The following fees shall be charged for permits and inspections provided for in the building code with respect to mechanical and gas work. Beginning work without first obtaining the necessary permit shall result in a fee of fifty dollars ($50.00).

 

(a) Minimum permit fee . . . . . $40.00

 

(b) Reinspection fee, each . . . . . 50.00

 

(c) Basic permit fee:

 

(1) First $1,000.00 value . . . . . 30.00

 

(2) Over $1,000.00 value . . . . . 30.00

 

Plus, per $1,000.00 or fraction thereof . . . . . 9.00

 

EXCEPTIONS: Domestic cooking equipment and space heaters in dwelling units are exempt from mechanical permit fees. Inspections of this equipment are required.

 

(d) Fuel piping permit fee application when permit is issued for fuel piping work only, per one thousand dollars ($1,000.00) valuation or fraction thereof . . . . . 6.00

 

(e) L.P.G. (i.e. butane, propane, etc.) tanks and associated piping permit fee (total water capacity in gallons):

 

0--500 . . . . . $30.00

 

501--2,000 . . . . . 35.00

 

Over 2,000 . . . . . 40.00

 

(f) Tanks and associated piping for flammable liquids permit fee (capacity in gallons per tank):

 

0--10,000 . . . . . $30.00

 

10,001--20,000 . . . . . 35.00

 

20,001--50,000 . . . . . 40.00

 

Over 50,000 . . . . . 45.00

 

(g) Removal of fuel storage tanks, minimum, each tank . . . . . 30.00

 

(h) Gas connection inspection (where a permit is not required) . . . . . 25.00

 

(i) Fire suppression system permit fee (includes standpipes): same as basic fee prescribed in (c) above.

 

(j) Elevators, dumbwaiters, moving stairways, moving walks, construction personnel hoist and conveying equipment permit fee: same as basic fee prescribed in (c) above.

 

(k) Annual certificates of compliance for elevators (per car), escalators (per floor), dumbwaiters and man lifts . . . . . 25.00

 

(l) Amusement rides and devices:

 

(1) Kiddie rides . . . . . $15.00

 

(2) Major rides . . . . . 25.00

 

(3) Spectacular rides . . . . . 45.00

(Ord. No. 428, 8.1-26.2; Ord. No. 619, 6-27-79; Code 1964, 8.1-26.2; Ord. No. 833, 5-28-86; Ord. No. 863, 7-8-87; Ord. No. 889, 6-8-88; Ord. No. 904, 8-10-88; Ord. No. 995, 1-9-91; Ord. No. 1210, 5-13-98; Ord. No. 1302, 5-9-01)

 

Sec. 9-45. Plumbing fees.

 

The following fees shall be charged for permits and inspections provided for in the building code with respect to plumbing work. Beginning work without first obtaining the necessary permit shall result in a fee of fifty dollars ($50.00).

 

(a) Minimum permit fee . . . . . $40.00

 

(b) Reinspection fee, each . . . . . 50.00

 

(c) Basic permit fee:

 

(1) Fixtures, appliances and appurtenances, each . . . . . $7.00

 

(2) Water distribution system, each (includes water service on new construction) . . . . . 7.00

 

(3) Water service pipe, each . . . . . 7.00

 

(4) Building drain connection (laterals), each . . . . . 7.00

 

(5) Water mains, each . . . . . 7.00

 

(d) Site plumbing only: sewers (storm and sanitary), manholes, area drains or devices permit fee, each . . . . . 15.00

 

(e) Individual sewage disposal system permit fee:

 

(1) New, each . . . . . 30.00

 

(2) Repair, each . . . . . 20.00

 

(f) Individual potable water supply system permit fee, each . . . . . 30.00

(Ord. No. 428, 8.1-26.4; Ord. No. 619, 6-27-79; Code 1964, 8.1-26.4; Ord. No. 765, 8.1-26.4(a)--(f), 12-14-83; Ord. No. 833, 5-28-86; Ord. No. 889, 6-8-88; Ord. No. 995, 1-9-91; Ord. No. 1210, 5-13-98; Ord. No. 1302, 5-9-01)

Cross References: Sewer connection fees, 30-23.

 

Sec. 9-46. Permit reissuance fee.

 

Permits becoming invalid as specified by the building code may be reissued up to a period of five (5) years for a fee of ten dollars ($10.00) for each six-month period thereof.

(Ord. No. 428, 8.1-26.1--8.1-26.4; Ord. No. 619, 6-27-79; Code 1964, 8.1-26.1--8.1-26.4; Ord. No. 765, 8.1-26.1(k), 8.1-26.2(j), 8.1-26.3(o), 8.1-26.4(g), 12-14-83; Ord. No. 1302, 5-9-01)

 

Secs. 9-47--9-60. Reserved.

 

 

ARTICLE III.

 

REPEALED

 

ARTICLE IV.

 

SITE PLANS*

__________

* Charter References: Authority of city relative to land development and site plans, 2.06.

__________

 

DIVISION 1.

 

GENERALLY

 

Sec. 9-131. Definitions.

 

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise clearly indicated.

 

Accessory building: A detached subordinate building located on the same lot with the main building, the use of which is incidental to the main building or land and which requires no new street entrances, drainage or other public facilities.

 

Adequate: Standards or specifications, as set forth in accepted engineering codes and regulations and approved and accepted by national engineering organizations such as the American Society of Civil Engineers, the National Fire Protection Association, etc., except where such standards conflict with the established city standards or specifications.

 

Buffer area: An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.

 

Building: Any structure built for the support, shelter, housing or enclosure of persons, animals or property of any kind.

 

Building area: The portion of a site on which a structure or improvements may be erected.

 

Chesapeake Bay Preservation District (SPI-CBPD): Any land designated by the Hampton City Council pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, VAC 10-20-70 et seq., and Code of Virginia, 10.1-2107 of the Chesapeake Bay Preservation Act, and pursuant to Chapter 17.3, Article X of the Hampton City Zoning Ordinance. A Chesapeake Bay Preservation District shall consist of a resource protection area and a resource management area.

 

Development: The construction, or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures.

 

Dwelling: A building or portion thereof which is designated or used exclusively for residential purposes.

 

Dwelling unit: A group of one (1) or more rooms designed for or intended for occupancy by a single family.

 

Existing trees: Any self-supporting woody plant growing upon the earth which usually produces one (1) main trunk measuring no less than six (6) inches in diameter at a height four and one-half (4 1/2) feet from the ground which produces a more or less distinct and elevated head with many branches.

 

Improvement: Any physical alteration of real property. Included in the term are clearing vegetation, grading, utility installation, filling, excavation, or construction of any kind.

 

Intensely developed area: A portion of the Chesapeake Bay Preservation District, delineated within the resource protection area on the Chesapeake Bay Preservation District Map, where development is concentrated and little of the natural environment remains.

 

New trees: Any self-supporting woody plant growing upon the earth which usually produces one (1) main trunk measuring no less than one and one-half (1 1/2) inches in diameter at a height of six (6) inches from the ground which produces a more or less distinct and elevated head with many branches.

 

Nontidal wetlands: Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency and the Army Corps of Engineers pursuant to enforcement of Section 404 of the Federal Clean Water Act in CFR 328.3b.

 

Reasonable: Standards or specifications, as set forth in accepted engineering codes and regulations and approved and accepted by national engineering organizations such as the American Society of Civil Engineers, the National Fire Protection Association, etc., except where such standards conflict with the established city standards or specifications.

 

Redevelopment: The process of developing land that is or has been previously developed.

 

Resource management area (RMA): That component of the Chesapeake Bay Preservation District that is not classified as the resource protection area. The RMA is comprised of land that is contiguous to the one hundred (100) foot Resource Protection Area buffer for a distance of one hundred (100) feet in the landward direction.

 

Resource protection area (RPA): That component of the Chesapeake Bay Preservation District comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or that are sensitive to impacts which may result in significant degradation to the quality of state waters. Resource Protection Areas include: (i) Tidal wetlands; (ii) Non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; (iii) Tidal shores; and, (iv) a buffer area not less than one hundred (100) feet in width located adjacent to and landward of the components listed above, and along both sides of any water body with perennial flow. The buffer area shall be designated as the landward component of the RPA notwithstanding the presence of permitted uses, encroachments, and permitted vegetation clearing in compliance with Chapter 17.3, Article X, of the Hampton City Zoning Ordinance.

 

Review committee: A group of persons, as defined in the Zoning Ordinance, which convenes to hear requests for relief from the Chesapeake Bay Preservation District regulations and to arbitrate Chesapeake Bay Preservation District boundary disputes.

 

Single-family dwelling: A detached building designed for or installed to be occupied by one (1) family.

 

Site plan: A plan delineating the overall scheme of development of a tract of land, including but not limited to grading, engineering design, construction details and survey data for existing and proposed improvements.

 

Structure: Anything which is built or constructed; an assembly of materials or any piece of work artificially built up or composed of parts joined together in some definite manner.

 

Tidal shore or shore: Land contiguous to a tidal body of water between the mean low water level and the mean high water level.

 

Tidal wetlands: Vegetated land which lies between and contiguous to mean low water and an elevation above mean low water equal to the factor of one and one-half (1 1/2) times the mean tide range, or nonvegetated land which lies contiguous to mean low water and is between mean low water and mean high water.

 

Timber harvesting: Any operation involving the removal of commercially valuable trees for production of lumber, timbers, pulpwood, mine props, piling, veneer logs, other logs or firewood (other than for the personal use of the owner).

 

Water-dependent facility: A development of land that cannot exist outside of the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) marinas and other boat docking structures (iv) beaches and other public water-orient recreation areas; and (v) fisheries or similar marine resources facilities.

(Ord. No. 194; Ord. No. 451; Code 1964, 21A-1; Ord. No. 845, 11-12-86; Ord. No. 958, 12-13-89; Ord. No. 991, 12-12-90; Ord. No. 1098, 8-11-93; Ord. No. 1370, 5-12-04)

 

Sec. 9-132. Violations of article.

 

The provisions of this article shall be enforced by the director of public works unless otherwise specified elsewhere in this article. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 1 misdemeanor punishable by fine of not more than two thousand five hundred dollars ($2,500.00). In addition, such violation may be restrained, prohibited, or enjoined by appropriate proceedings.

(Ord. No. 194; Code 1964, 21A-21; Ord. No. 845, 11-12-86; Ord. No. 1058, 6-24-92)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 9-133. Exceptions from article.

 

The provisions of this article shall not apply to:

 

(1) A single-family dwelling, two-family dwelling or accessory building or the land on which it is situated or proposed to be situated.

 

(2) A subdivision of single-family dwellings where a development plan has been submitted and approved in accordance with chapter 35 of this Code.

 

(3) Public service companies performing normal and necessary maintenance activities.

 

(4) Bona fide tree farmers having a forest management plan approved by the district forester of the state forest service. Prior to any timber harvesting operations, a certification is required, from the district forester, that the proposed operations are in conformity to the approved management plan.

(Ord. No. 194; Ord. No. 451; Code 1964, 21A-6)

 

Sec. 9-134. Relationship of article to other laws.

 

The provisions of this article shall be considered separate from, supplemental to and additional to the provisions contained elsewhere in this Code or other city ordinances. Nothing contained in this article shall excuse any person from compliance with all applicable provisions of this Code, the comprehensive plan, the zoning ordinance, or other ordinances of the city.

(Ord. No. 194; Code 1964, 21A-20; Ord. No. 845, 11-12-86)

Cross References: Zoning ordinance, App. A.

 

Sec. 9-135. Combining plan required by article with that required by zoning ordinance.

 

An applicant for a use permit for construction of any apartment house, multiple dwelling or townhouse in any residential district, in accordance with section 17 of the zoning ordinance of the city, may combine the site plan required by this article with the site plan required by the zoning ordinance; provided, however, that such combined plan shall be approved by the director of public works and the city manager in the manner required by this article.

(Ord. No. 194; Code 1964, 21A-14)

 

Sec. 9-136. When approved plan required--Construction of buildings.

 

Except as provided in section 9-133, it shall be unlawful for any person to construct or erect any building or structure on any land within the city until a site plan has been submitted and approved in accordance with the provisions of this article.

(Ord. No. 194; Code 1964, 21A-2)

 

Sec. 9-137. Same--Enlargement of buildings.

 

Except as provided in section 9-133, it shall be unlawful for any person to alter any building or structure on any land within the city in such manner as to increase the floor area or change the land area covered by the building or structure until a site plan has been submitted and approved in accordance with the provisions of this article; provided, however, that the city manager shall have the authority to waive the requirement of submitting a site plan where, in his opinion, the proposed alteration will not affect any public facilities.

(Ord. No. 194; Code 1964, 21A-3)

 

Sec. 9-138. Same--Alteration of grade, construction of streets, removal of trees, etc.

 

(a) Except as provided in section 9-133 and except as permitted in accordance with chapter 13 of this Code, it shall be unlawful for any person to alter the grade of any land in such a manner as to change existing contours in excess of three (3) feet elsewhere, construct any streets, alleys, sidewalks, curbs, or gutters, build any retaining walls, construct any off-street parking facilities, construct any drain or sewer, change or divert the flow of stormwater or natural courses, or directly or indirectly cut down, destroy, remove or move or effectively destroy, through damaging, any trees on vacant and undeveloped property or property in all zoning classifications that is intended to be developed or redeveloped until a site plan has been submitted and approved in accordance with the provisions of this article.

 

(b) Controlled activities, other than those specified in section 13-18, shall not be permitted until a site plan has been submitted and approved or until such time a plan indicating the proposed activity, limits of clearing, and proper erosion control shall be submitted and approved. Except for those activities specified in section 9-133, approval of controlled activities which may destroy or damage existing trees shall be at the discretion of the director of public works after receiving comments from the appropriate city departments. Any clearing necessary for the construction of public utilities shall not be the responsibility of the owner. Any site which is unlawfully cleared may be required to be revegetated in such a way as to mitigate the environmental impacts of the unlawful clearing. A plan to revegetate a site shall be approved by the parks director or his/her designee, and shall be implemented according to a schedule established at the time of the plan approval. Clearing required for the installation of public utilities shall not be the responsibility of the developer.

(Ord. No. 194; Ord. No. 451; Code 1964, 21A-4; Ord. No. 845, 11-12-86)

 

Sec. 9-139. Approved plan prerequisite to issuance of work permit.

 

No permit shall be issued to erect or enlarge any building or structure or alter the grade of any land that is subject to this article until a site plan has been submitted and approved in accordance with this article.

(Ord. No. 194; Code 1964, 21A-7)

 

Sec. 9-140. Plan classifications.

 

Site plans shall be classified as preliminary site plans and final site plans. Preliminary site plans and final site plans may be combined and treated as a final site plan in either of the following instances, provided all the information required by this article for both classes of plans is included and the procedure for processing preliminary site plans is followed:

 

(1) When a preliminary site plan has been approved and a change in part of the project is not desired or requested.

 

(2) When a project embraces no more than three (3) separate buildings or structures, no dedication or reservation of public streets through or within the project is required, the project does not embrace more than two (2) acres of land and the project does not include land in more than one zone classification.

(Ord. No. 194; Code 1964, 21A-8)

 

Sec. 9-141. Preliminary plan generally.

 

(a) The owner or developer shall submit a preliminary site plan, prepared by a person authorized to do so by the provisions of sections 54.1-400--54.1-411 of the Code of Virginia, in accordance with the provisions of this article, to the director of public works for subsequent submission to the city manager. Delineation of the nontidal wetlands portion of the resource protection areas shall be prepared by a qualified wetlands scientist. Not less than five (5) prints of the preliminary plan, at a scale of not less than one hundred (100) feet to the inch, shall be submitted to the director. The size of each print shall be twenty-four (24) by thirty-six (36) inches.

 

(b) Preliminary site plans shall be filed with the director of public works not later than thirty (30) days prior to any request for permits. The filing of the plan, signed by the applicant or his agent, together with the payment of the prescribed filing fees, shall constitute the application for approval. The applicant shall furnish to the director of public works the names of owners of land immediately adjoining the proposed development at the time of filing the plan.

(Ord. No. 194; Ord. No. 393; Ord. No. 451; Code 1964, 21A-9; Ord. No. 991, 12-12-90)

 

Sec. 9-141.1. Coordination with other agencies.

 

The director of public works shall require evidence that the appropriate federal and state agencies, to include at a minimum the Army Corps of Engineers and the Virginia Water Control Board, have been notified of the submission of a preliminary site plan. Such notification shall include a property description and a request that the city be informed of any jurisdictional determinations relative to the property.

(Ord. No. 1098, 8-11-93)

 

Sec. 9-142. Contents of preliminary plan.

 

(a) The preliminary site plan required by this article shall show the following:

 

(1) The name of the development or address.

 

(2) The name and address of the owner of record and the applicant.

 

(3) The name, address, signature and registration number of the professional preparing the plan.

 

(4) The zoning of the sites and abutting property.

 

(5) Courses and distances of centerlines of all abutting and on-site streets and all property lines on site being developed, with a curve data table showing curve number, arc lengths, radius and delta angles.

 

(6) Date, scale and north point, with references to source of meridian.

 

(7) All building restriction lines, highway setback lines, easements, reservations and rights-of-way which affect the development of the site.

 

(8) The total land area, as well as the approximate land area of separate parcels of land.

 

(9) The topography of existing ground and paved areas and the existing elevation of streets, alleys, utilities, sanitary and storm sewers, buildings and structures. Topography shall be shown by dashed lines illustrating one-foot interval contours, as may be required by the director of public works, and by spot elevations where necessary to indicate flat areas, all based on U.S. Coast Guard and Geodetic Survey datum or U.S. Geological Survey datum or local datum where the former are not available.

 

(10) The location of all trees on site. Groups of trees in close proximity may be designated as clumps of trees. Trees to be protected, removed, relocated or replaced shall be so designated, unless obviously affected by the proposed building. The limits of clearing, excluding that to be done subsequently for the installation of public utilities, shall be clearly designated on the site plan or on a separate clearing plan.

 

(11) Any grave, object or structure marking a place of burial within the site shall be clearly designated.

 

(12) Two (2) spaces for the signed approval of the city manager and the director of public works.

 

(13) The limits of clearing and land disturbance.

 

(b) The preliminary site plan required by this article shall show the general location, dimension and size of the following when existing:

 

(1) Sidewalks, streets, alleys, easements and utilities.

 

(2) Buildings and structures.

 

(3) Public sewer systems.

 

(4) Slopes, terraces and retaining walls.

 

(5) Driveways, entrances, exits, parking areas and sidewalks.

 

(6) Water mains and fire hydrants.

 

(7) Natural and artificial water courses.

 

(8) Limits of floodplains.

 

(9) All structures intended to support on-site or off-site lighting.

 

(10) A resource protection area consisting of the following:

 

a. Tidal wetlands verified by field survey;

 

b. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

 

c. Tidal shores;

 

d. deleted and

 

e. A buffer area not less than one hundred (100) feet in width located adjacent to and landward of the components listed above and along both sides of any water body with perennial flow.

 

(11) The location of any resource management area on the site.

 

(12) The location of any intensely developed area on the site.

 

(c) The preliminary site plan required by this article shall show the general location, dimensions, size and elevation, where appropriate, of the following, when proposed by the developer:

 

(1) Sidewalks, curbs, gutters, streets, alleys, easements and utilities.

 

(2) Buildings and structures.

 

(3) Public sewer systems.

 

(4) Slopes, terraces and retaining walls.

 

(5) Driveways, entrances, exits and parking areas.

 

(6) Water mains and fire hydrants.

 

(7) Landscaping plan (one copy) shall be submitted and approved by the planning director prior to the issuance of any building permit(s).

 

(8) Recreation areas.

 

(9) Natural and artificial water courses.

 

(10) Estimates of the following:

 

a. Number of dwelling units and each type;

 

b. Number of parking spaces;

 

c. Number of loading spaces;

 

d. Square feet of floor space;

 

e. Approximate number of commercial or industrial tenants and employees.

 

(11) Plans for collecting and depositing stormwater and the method of treatment of natural and artificial water courses, including a delineation of proposed limits of floodplains, within the proposed development site.

 

(12) A general indication of proposed grading, surface drainage, terraces, retaining wall heights, grades on paved areas and ground floor elevation of proposed buildings and structures, shown by two-foot or five-foot contours, as required by the director of public works, and approximate elevations.

 

(13) Proposed points of refuse collection.

 

(14) Building elevation drawn to scale (one-eighth ( 1/8) inch equals one (1) foot) illustrating at least the front elevation. This drawing shall indicate the approximate height of the structure as well as the general configuration of the structure and general type of construction.

 

(15) Where the developer proposes to use an on-site sewage system on a lot or parcel recorded after October 1, 1989, not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit, the preliminary site plan shall show a primary and reserve sewage disposal site.

 

(d) The preliminary site plan required by this article shall show the general location and minimum light source for site lighting in accordance with section 9-171.

 

(e) The preliminary site plan required by this article for projects within the SPI-CBPD shall show the full extent of buildable areas as derived from application of the SPI-CBPD regulations for development and redevelopment and any authorized exception to the regulations pursuant to Chapter 17.3, Article X, of the Hampton City Zoning Ordinance.

(Ord. No. 194; Ord. No. 393; Ord. No. 451; Code 1964, 21A-9; Ord. No. 845, 11-12-86; Ord. No. 890, 6-8-88; Ord. No. 909, 10-26-88; Ord. No. 940, 6-14-89; Ord. No. 947, 9-13-89; Ord. No. 958, 12-13-89; Ord. No. 991, 12-12-90; Ord. No. 1063, 8-27-92; Ord. No. 1098, 8-11-93; Ord. No. 1370, 5-12-04)

 

Sec. 9-143. Consideration of preliminary plan by other city departments, etc.

 

(a) Prior to the time that the director of public works first considers any preliminary site plan, he shall call a meeting at which there shall be a representative from each of the following: The engineering division, the fire division, the planning commission, the traffic office or bureau of the police division, the building inspection department and any other department or person that the director deems necessary or desirable. The applicant or his authorized representative may be invited to attend this meeting to answer questions concerning his property.

 

(b) At a meeting called pursuant to this section, the preliminary site plan shall be examined and discussed in light of the provisions of this article and the orderly growth and development of the city. Recommendations concerning the plan may be made. The director of public works shall report any such recommendations to the city manager on or before the time he first considers the plan.

 

(c) Concurrently with submittal of the preliminary site plan, the applicant shall submit a water quality impact assessment and stormwater management plan, as required by the stormwater management ordinance. The assessment shall be considered at the same time as the preliminary site plan.

 

(d) The procedure provided for in this section shall also be followed for combined plans submitted under section 9-135.

(Ord. No. 194; Code 1964, 21A-15; Ord. No. 991, 12-12-90)

 

Sec. 9-144. Approval or disapproval of preliminary plan.

 

The director of public works shall consider a preliminary site plan submitted under this article in light of the provisions of this article and approve, conditionally approve or disapprove the same with modifications, requesting thereon any changes or additional information that will be required. In the case of disapproval, the reasons for such shall be identified in writing, referencing specific adopted ordinances, regulations and policies. Modifications or corrections that would permit approval shall also be identified. One copy shall be returned to the applicant or the developer or his authorized representative, with the date of such approval, conditional approval or disapproval noted thereon over the signature of the director.

(Ord. No. 194; Ord. No. 393; Ord. No. 451; Code 1964, 21A-9; Ord. No. 940, 6-14-89)

 

Sec. 9-145. Final plan generally.

 

(a) When a preliminary site plan submitted under this article is approved or conditionally approved and no appeal, as provided in this article, is taken, the owner, contract purchaser or lessor shall cause a final site plan to be prepared by a person authorized to do so by the provisions of sections 54-17.1 to 54-41 of the Code of Virginia and submitted to the director of public works for his consideration. Final site plans shall be on reproducible durable base material and shall be on sheets which shall not exceed twenty-four (24) by thirty-six (36) inches in size. The original tracing and ten (10) prints of the final plan shall be at a scale not smaller than one inch to one hundred (100) feet. The final site plan shall show all of the information required by section 9-142 for preliminary site plans, but the information shown shall be specific standards and not general in nature. Calculations of stormwater runoff shall be submitted.

 

(b) Prior to approval of any final site plan for a proposed development located wholly or partially within a Chesapeake Bay Preservation District, the developer shall provide copies of wetlands permits or approval letters from the Hampton Wetlands Board, the Virginia Marine Resources Commission, and the U.S. Army Corps of Engineers for any improvements or alterations in tidal wetlands. The director of public works shall not approve the final site plan until these items have been provided. Final site plan approval shall not absolve the developer from obtaining all other necessary federal, state, and local permits.

 

(c) The final site plan shall be checked for compliance with the preliminary site plan previously approved and the requirements of this section. When the director of public works finds that a final site plan complies in all respects, he shall submit it to the city manager for approval by the signatures of the director of public works and the city manager. The plan shall be dated.

 

(d) When the director finds that a final site plan does not comply with a previously approved preliminary site plan or the provisions of this section, the applicant shall be so advised and shall be allowed to either bring the final plan into compliance in all respects, submit a new preliminary site plan for processing as if no plan had been previously considered or withdraw his application without refund of fees.

(Ord. No. 194; Ord. No. 393; Code 1964, 21A-10; Ord. No. 991, 12-12-90; Ord. No. 1098, 8-11-93)

 

Sec. 9-146. Filing fees.

 

(a) The following filing fees shall be paid upon the filing of a preliminary site plan under this article:

 

(1) One hundred fifty dollars ($150.00) for projects involving one acre or less, plus one hundred twenty-five dollars ($125.00) per acre of the site or part thereof in excess of one acre.

 

(2) Twenty-five dollars ($25.00) for churches, private schools, fraternal orders and charitable organizations.

 

(b) No fee shall be charged for the filing of a final site plan; provided that, the fee for a combined site plan submitted in accordance with section 9-135 shall equal the fee for a preliminary site plan.

(Ord. No. 194; Ord. No. 413; Code 1964, 21A-16; Ord. No. 828, 5-28-86; Ord. No. 1051, 6-10-92)

 

Sec. 9-147. Time of validity of plans.

 

(a) Approval of a preliminary site plan shall become null and void, if no final site plan is filed with the city within one (1) year after approval, unless, within such period, upon application in writing to him, an extension not exceeding one year is granted by the city manager or his agent.

 

(b) Approval of a final site plan or a plan treated as a site plan shall become null and void, if no significant work is done or development is made on the site approved within five (5) years after approval, unless, within such period, upon application in writing to him, an extension not exceeding one (1) year is granted by the city manager or his agent.

 

(1) Upon application of the property owner or developer, as applicable, filed prior to expiration of a final site plan, the director of public works or his agent may grant one (1) or more extensions of such approval for additional periods as the director of public works or his agent may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, the laws, ordinances and regulations in effect at the time of the request for an extension.

 

(2) If the director of public works or his agent denies an extension requested as provided herein and the property owner or developer, as applicable, contends that such denial was not properly based on the ordinance applicable thereto, the foregoing considerations for granting an extension, or was arbitrary or capricious, he may appeal to the Circuit Court of Hampton, provided that such appeal is filed with the circuit court within sixty (60) days of the written denial.

 

(c) For so long as the final site plan remains valid in accordance with the provisions of this section, no change or amendment to any local ordinance, map, regulation, policy or plan adopted subsequent to the date of approval of the final site plan shall adversely affect the right of the property owner or developer, as applicable, or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the approved final site plan unless the change or amendment is required to comply with state law or there has been a mistake, fraud or change in circumstances substantially affecting the public health, safety or welfare.

 

(d) Application for minor modifications to final site plans made during the periods of validity of such site plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of such minor modifications extend the period of validity of the final site plan.

 

(e) The provisions of this section shall be applicable to all approved final site plans valid on or after January 1, 1992. Nothing contained in this section shall be construed to affect (i) any litigation concerning the validity of a site plan pending prior to January 1, 1992, or any such litigation nonsuited and thereafter re-filed; (ii) the authority of a governing body to impose valid conditions upon approval of any special use permit, conditional use permit or special exception; (iii) the application to individual lots on recorded plats or parcels of land subject to final site plans, to the greatest extent possible, of the provisions of any local ordinance adopted pursuant to the Chesapeake Bay Preservation Act (Code of Virginia, 10.1-2100 et seq.) or (iv) the application to individual lots on recorded plats or parcels of land subject to final site plans of the provisions of any local ordinance adopted to comply with the requirements of the federal Clean Water Act, Section 402 (p.) of the Stormwater Program and regulations promulgated there under by the Environmental Protection Agency.

(Ord. No. 194; Code 1964, 21A-19; Ord. No. 1355, 7-9-03)

 

Sec. 9-148. Failure of city to act on plans.

 

Failure of the city to act on any preliminary site plan within twenty (20) days after it has been properly filed with the director of public works shall be deemed to constitute approval of the preliminary plan. Failure of the city to act on a final site plan within ten (10) days after it has been properly filed with the director of public works shall be deemed to constitute approval of the final site plan. The city shall be deemed to have acted whenever written notice of conditional approval, rejection or modification shall have been mailed by the director of public works or his authorized representative to the owner or applicant at the address shown on the plan submitted.

(Ord. No. 194; Code 1964, 21A-17)

 

Sec. 9-149. Appeal from disapproval of plan.

 

(a) In case the city manager disapproves any site plan or combined site plan properly submitted under the provisions of this article, there may be an appeal from the decision to the city council, provided the appeal is made in writing and filed with the clerk of the council within thirty (30) days after notification of the decision as provided in section 9-148. In the event such an appeal is filed, the city council shall schedule at least one public hearing on the matter and render its decision within ninety (90) days of the date the appeal is filed. The city council may affirm, reverse or modify the decision of the city manager or return the matter to the city manager for further consideration.

 

(b) Whenever an appeal is filed pursuant to this section, the city manager shall forward his reasons for disapproval to the city council before the public hearing.

(Ord. No. 194; Code 1964, 21A-18)

 

Sec. 9-150. Approved plans to be kept on file as public records.

 

Approved final site plans or combined plans, as the case may be, shall be kept on file in the office of the department of public works and shall be deemed public records.

(Ord. No. 194; Code 1964, 21A-24)

 

Secs. 9-151--9-165. Reserved.

 

DIVISION 2.

 

WORK AND DEVELOPMENT PURSUANT TO APPROVED PLAN

 

Sec. 9-166. General requirements.

 

All work and development covered by a site plan approved pursuant to this article shall comply with the following:

 

(1) Any building or structure erected or enlarged shall comply with the provisions of this Code and other ordinances of the city and any applicable laws of the state.

 

(2) Any work of development on the site, including but not limited to the following, shall comply with the provisions of this Code and other city ordinances and any applicable laws of the state: The grading of land, the installation of utilities, the construction of curbs, gutters and sidewalks, with construction of drains and sewers, the construction of off-street parking and the construction or erection of any improvement on the site.

 

(3) Any building or structure shall be reasonably accessible to fire, police, emergency and service vehicles, as required by this Code.

 

(4) The width, grade, location, alignment and arrangement of public, dedicated streets, sidewalks and alleys shall conform to the master plan of the city as near as reasonably practicable.

 

(5) Off-street parking facilities shall be reasonably accessible and all such parking areas shall be paved in order to reduce erosion and dust and to facilitate positive drainage. Areas designated as overflow parking may not be required to be paved if deemed necessary by both the director of public works and the zoning administrator.

 

(6) Access points to the development shall, insofar as reasonably practicable, provide good traffic circulation to adjacent lands, existing streets, alleys and sidewalks and proposed or planned streets, alleys and sidewalks.

 

(7) Adequate approved water mains and fire hydrants shall be provided in accessible places in accordance with the fire prevention code of the city.

 

(8) Adequate provisions shall be made for the collection and disposition of all on-and off-site stormwater and natural water in accordance with the stormwater management ordinance. Natural drainage ways shall be used when it is reasonably practicable to do so.

 

(9) Adequate on-and off-site provisions shall be made for the collection and disposition of all sanitary sewage.

 

(10) Adequate provisions shall be made to control flooding.

 

(11) The obstruction of natural water courses shall be avoided.

 

(12) No building which is to be used for storage or occupancy shall have a finished floor elevation which is subject to inundation

 

(13) Adequate provisions shall be made to control the slippage, shifting, erosion, accretion and subsidence of soil.

 

(14) Adequate provisions shall be made to protect other lands, structures, persons and property.

 

(15) All dumpsters and compaction devices shall be screened on three (3) sides by a vegetated screening treatment of trees and/or shrubs, an opaque wooden or masonry enclosure or a combination of both on at least three (3) sides. Whenever possible, dumpsters and compaction devices shall not be located within front yards or side yards fronting upon public streets.

 

(16) The limits of clearing and methods to be used to protect existing vegetation shall be provided.

 

(17) Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the use or development permitted. Grid and modular pavements which promote infiltration are encouraged for any required parking area, alley, or other low traffic driveway within the Chesapeake Bay Preservation District.

(Ord. No. 194; Ord. No. 451; Code 1964, 21A-11; Ord. No. 845, 11-12-86; Ord. No. 991, 12-12-90)

Cross References: Fire prevention code, 14-26 et seq.

 

Sec. 9-167. Compliance with plan.

 

It shall be unlawful for any person to construct, erect or enlarge any building or structure or develop, change or improve land for which an approved site plan is required by this article, except in accordance with the approved final site plan.

(Ord. No. 194; Code 1964, 21A-5)

 

Sec. 9-167.1. Development in the resource protection area; buffer area.

 

There shall be no improvements or development allowed in the resource protection area except as permitted pursuant to Chapter 17.3, Article X, of the Hampton City Zoning Ordinance.

(Ord. No. 958, 12-13-89; Ord. No. 991, 12-12-90; Ord. No. 1371, 5-12-04)

 

Sec. 9-167.2. Reserved.

Editors Note: Ordinance Number 1099, adopted Aug. 11, 1993, repealed 9-167.2 which pertained to compliance with the Chesapeake Bay Preservation Area and derived from Ord. No. 991, adopted Dec. 12, 1990.

 

Sec. 9-168. Green areas.

 

(a) In recognition of the environmental value of maintaining a balance between the manmade and natural environment, each site pursuant to this article shall be required to provide and maintain natural green areas which shall be landscaped in an approved manner. The objective of these requirements is to provide for the installation, preservation, and maintenance of plant materials in order to:

 

(1) Ensure development which is consistent with the goals of the comprehensive plan related to natural resources and community appearance;

 

(2) Promote the public health, safety, and welfare;

 

(3) Conserve energy by providing shade and wind breaks;

 

(4) Provide pervious areas which help to reduce runoff and recharges groundwater;

 

(5) Improve air quality;

 

(6) Minimize noise, dust, and glare;

 

(7) Protect and preserve the appearance, character, and value of neighboring properties; and

 

(8) Protect water quality.

 

(b) Green areas shall be considered any area containing earth capable of sustaining plant material and providing natural percolation which is covered by natural vegetation, turf, or mulch material. Required green areas may not be used to store materials or products.

 

(c) In any development pursuant to a site plan under this article, the following shall apply:

 

(1) In development of property other than that zoned SPI-HRC, a minimum of ten (10) percent of the land area of the lot shall be designated as green area for trees, shrubs and turf. Within these green areas existing, healthy trees measuring at least six (6) inches in diameter at four and one-half (4 1/2) feet from the ground shall be saved whenever possible. Either one (1) existing tree or one (1) new tree exhibiting both a minimum trunk diameter of one and one-half (1 1/2) inches measured six (6) inches above ground level and a minimum height of eight (8) feet shall be required for each four hundred (400) square feet of the ten (10) percent green area; provided, however, that the following trees shall not be planted:

 

a. Boxelder (acer negundo);

 

b. Silver Maple (acer saccharinum);

 

c. Quaking Aspen (populus tremuloides);

 

d. Tree of Heaven (ailanthus glandulosa);

 

e. American Elm (ulmus americana);

 

f. Mimosa (albizzia julibrissin);

 

g. Lombardy Poplar (populus italica);

 

h. Weeping Willow (salix babylonica);

 

i. Black Locust (robinia pseudoacacia); and

 

j. Chinese Elm (ulmus pumila).

 

(2) In the development of property zoned SPI-HRC a minimum of forty (40) percent of the land area of the lot shall be designated as green area for trees, shrubs and turf. Within these green areas existing, healthy trees measuring at least three (3) inches in diameter at one (1) foot from the ground shall be saved whenever possible. New trees shall exhibit the following minimum caliper: Shade or street trees, four (4) inches; specimen or character trees, three (3) inches; evergreen trees, two and one-half (2 1/2) inches, and flowering trees, two (2) inches. The following are acceptable trees for use in landscaping.

 

a. Live Oak (quercus virginiana);

 

b. Northern Red Oak (quercus rubra);

 

c. Willow Oak (quercus phellos);

 

d. Patented Red Maple (acer rubrum cultivar);

 

e. Red Maple (acer rubrum);

 

f. River Birch (betula nigra);

 

g. Tulip Tree (liriodendron tulipifera);

 

h. Japanese Maple (acer palmatum);

 

i. Japanese Privet (ligustrum japonicum);

 

j. Burford Holly (elix cornuta `burfordii');

 

k. Nellie R. Stevens Holly (ilex cornuta `Nellie R. Stevens');

 

l. Wax Myrtle (myrica cerifera);

 

m. Photinia (photinia fraseri);

 

n. White Pine (Rinus strobus);

 

o. Virginia Pine (pinus virginiana);

 

p. Loblolly Pine (pinus talda);

 

q. Crabapple (malus hybrida);

 

r. Kwanzan Cherry (Prunus serrulata);

 

s. Yoshino Cherry (prunus yedoensis);

 

t. Dogwood (cornus florida);

 

u. Crape Myrtle (lagerstroemia indica)

 

v. Eastern Redbud (cercis canadensis); or

 

w. Alternative trees with the approval of the planning director.

 

(3) On properties zoned SPI-CBPD, areas shown on the site plan as undisturbed, or as a buffer proffered as part of a conditional rezoning or required for a use permit, or as part of a resource protection area, shall be protected from disturbance by the following methods:

 

a. Prior to disturbing the site, undisturbed areas shall be delineated by a form of fencing or markings which clearly identify the area boundaries and intent. Fencing, markers or similar barriers shall be placed around the undisturbed area, and shall display brightly colored flags or signs in a manner that is plainly visible to equipment operators and ground workers. Fencing or markers shall be located such that a distance of not less than six (6) inches for every one foot in diameter of tree trunk shall be maintained from any tree within the undisturbed area.

 

b. Equipment, materials or people shall not be allowed within the undisturbed areas.

 

c. Boards, signs, wires, etc. shall not be nailed to trees to be retained, nor shall equipment be banged against such trees.

 

d. Removal of trees not be retained shall be in a manner which avoids injury to remaining trees.

 

e. When lowering the grade adjacent to an undisturbed area, damaged roots along the edge of the area shall be cut cleanly and immediately covered with moist organic soil and three (3) inches of mulch.

 

f. Utility services shall be placed on common trenches when possible and routed around undisturbed areas when possible. Tree roots within the tree protection area shall not be severed; however, boring through or under roots is permitted.

 

g. Erosion and sediment control measures shall be installed and maintained in accordance with the requirements of the erosion and sediment control ordinance around all undisturbed areas. Specifically, undisturbed areas shall not be used as sediment traps or for storage of stormwater from any construction area.

 

h. Removal of markers around undisturbed areas shall be permitted only after a certificate of occupancy has been issued.

 

i. Exceptions to these requirements will be with written approval of the director of planning.

 

(d) A landscaping plan shall be approved by the planning director prior to the issuance of any building permit(s). The landscaping plan may be submitted at any time prior to the submission of drawings and documents necessary to obtain a building permit. Although the landscaping plan may be submitted and reviewed during the site plan review process, final site plan approval shall not be contingent upon approval of the landscaping plan. A landscaping plan shall be approved when the following criteria are satisfied:

 

(1) For development on property other than that zoned SPI-HRC:

 

a. A minimum of a ten (10) foot green area is provided immediately adjacent to any existing or future public right-of-way.

 

b. In any parking area containing thirty (30) or more spaces, seven (7) percent of the interior of the parking area shall be reserved and maintained as green area. Each green area within the parking area shall be no less than eight (8) feet wide and contain at least one hundred fifty (150) contiguous square feet of green area. One (1) tree shall be planted within the parking area for each ten (10) parking spaces.

 

c. The perimeter curb or edge of pavement for parking areas, structures and drives shall be no closer than three (3) feet from any property line. This required green area may constitute no more than thirty three (33) percent of the green area required within the parking area as well as counting toward the total green area requirement.

 

d. When a parking lot is located such that parked cars will be visible from a public street, low evergreen shrubs shall be planted three (3) feet on center in a continuous row with a minimum plant height of twenty-four (24) inches at installation. Alternative means to screen parking areas may be implemented upon approval by the planning director.

 

e. On sites of less than two (2) acres, the following criteria must be satisfied:

 

1. On sites which front upon only one (1) public street, a minimum of seventy-five (75) percent of the required green area and landscaping shall be located within the front yard.

 

2. On sites which front upon two (2) public streets or proposed rights-of-way, a minimum of seventy-five (75) percent of the required green area and landscaping shall be distributed within the yard areas adjacent to the existing or proposed public rights-of-way; no such area shall contain less than thirty (30) percent of the requirement.

 

3. On sites which front upon more than two (2) public streets or proposed rights-of-way, no less than twenty (20) percent of the required green area and landscaping shall be located in each yard fronting upon existing or proposed public rights-of-way.

 

f. On sites of two (2) or more acres the following criteria must be satisfied:

 

1. On sites which front upon only one (1) public street, a minimum of fifty (50) percent of the required green area and landscaping shall be located within the front yard.

 

2. On sites which front upon two (2) public streets or proposed rights-of-way, a minimum of fifty (50) percent of the required green area and landscaping shall be distributed within the yard areas adjacent to existing or proposed public rights-of-way; no such area shall contain less than twenty (20) percent of the requirement.

 

3. On sites which front upon more than two (2) public streets or proposed rights-of-way, no less than twenty (20) percent of the required green area and landscaping shall be located within each yard fronting upon existing or proposed public rights-of-way.

 

(2) For development on property zoned SPI-HRC:

 

a. Minimum green area provided immediately adjacent to any existing or future public right-of-way shall be forty (40) feet from front, twenty (20) feet from side and forty (40) feet from rear property lines.

 

b. In a parking area containing twenty (20) or more spaces, one (1) shade tree shall be provided for every one thousand five hundred (1,500) square feet of paved parking area. Green areas within the parking area shall be no less than five (5) feet wide and contain at least sixty (60) square feet. There shall be at least one (1) shade tree in each separate green area. No parking space shall be more than seventy (70) feet from a green area.

 

(3) For development on property zoned SPI-CBPD, a landscape plan shall include delineation of the following within areas shown as undisturbed, or as buffer areas proffered as part of a conditional rezoning or required as part of a use permit, or as part of a resource protection area:

 

a. Existing trees six (6) inches or more in diameter, measured at four and one-half (4 1/2) feet above ground level, to be retained on site;

 

b. Any required buffer areas and all plant materials to be installed within such buffers;

 

c. Trees to be removed from buffer areas;

 

d. Trees to be removed from shoreline areas for stabilization projects;

 

e. Grade changes and work adjacent to retained trees that may adversely impact trees. Specifications shall be provided as to grading, drainage and aeration of retained trees;

 

f. Tree protection measures for all phases of construction; and

 

g. Botanical name of all replacement plants, with the assurance that all are:

 

1. Healthy specimens conforming to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Nursery & Landscape Association;

 

2. Installed according to standard practices; and

 

3. Installed, when used as replacement trees for trees removed from buffer areas, at a ratio of three (3) new trees to one removed. Replacement specimens shall be at least one and one-half (1 1/2) inches in diameter, measured at six (6) inches above ground, and at least eight (8) feet in height at installation.

 

(4) For all development, regardless of zoning:

 

a. Developments which save existing trees of three (3) inches in diameter or more, measured one foot from the ground in SPI-HRC or six (6) inches in diameter or more measured four and one-half (4 1/2) feet above ground elsewhere, may receive a reduction in the number of required trees at a rate of two (2) for every tree saved. Such credits may only be approved by the planning director. Existing trees which are retained may satisfy one hundred (100) percent of the number of trees required so long as all other provisions of this ordinance are met.

 

b. Each site shall include a mix of plant species in order to promote a hearty landscape and visual interest. Each landscape plan shall include, but not be limited to, the use of trees, shrubs, and ground cover.

 

c. Green areas located within any building shall not be credited toward meeting the total green area requirement.

 

d. Green areas interior to the perimeter of any structure that may serve as a court-yard may be credited toward meeting the total green area requirement.

 

e. Areas designated as green areas upon the approved site plan and/or landscaping plan which are utilized for storage or the display of products shall be considered in violation of this ordinance, and the violator shall be notified in writing of such violation and shall be required to comply with the approved plan.

 

f. Landscaping plans may also be approved which deviate from the above standards. Such a landscaping plan must be submitted to the planning director for review. Approval of any landscaping plan which does not meet the above requirements shall be at the discretion of the planning director. The purpose of this provision is to not preclude innovative landscaping treatments and site designs which may create a quality design while not explicitly meeting the standards specified above.

 

(e) All landscaping material designated on an approved landscaping plan shall be installed within six (6) months of the issuance of a certificate of occupancy.

 

(f) Prior to issuance of a certificate of occupancy, each site shall be inspected for compliance with the approved landscaping plan. If the site meets all provisions of the approved landscaping plan and all relevant provisions of this chapter, a certificate of occupancy may be issued. If improvements indicated on the approved landscaping plan are not complete, the city shall be furnished with an agreement, accompanied by a performance bond guaranteed by a bonding corporation authorized to do business in this state, an approved executed escrow agreement or an irrevocable letter of credit issued by a banking or lending institution licensed to do business in this state. Every agreement required by this section shall be conditioned that the principal shall:

 

(1) Comply with all relevant provisions of this section; and

 

(2) Complete all work within six (6) months of the issuance of a certificate of occupancy for the proposed development.

 

The minimum bond required under this section for any parcel up to one-half (1/2) acre shall be two thousand dollars ($2,000.00). The bond required for any parcel in excess of one-half (1/2) acre shall be four thousand dollars ($4,000.00) for each acre or portion of an acre of the proposed development.

 

If upon issuance of a certificate of occupancy, a portion of the required landscaping has been completed, the amount of the bond may be reduced, by the planning director, to an amount sufficient to ensure completion of all landscaping not already in place.

 

The terms of each bond required by this section shall begin on the date of the issuance of a certificate of occupancy and shall remain in effect until such bond is specifically released, in writing, by the director of planning.

 

The surety executing such bond, or the deposit referred to above, shall be firmly bound for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such obligations to be completed, and the surety or the depositor assents to any lawful extension of time within which to complete the work.

 

In the case of a cash deposit, the deposit, or any unused portion thereof, shall be refunded to the depositor within thirty (30) days after the bond is released, in writing, by the director of planning.

 

(g) Landscape maintenance. All plant material installed, as per the approved landscaping plan shall be subject to regular maintenance requirements including, but not limited to, fertilization, pruning, replacement, insect and disease control, watering, mulching, and weed control. All development in SPI-HRC shall include one hundred (100) percent automatic irrigation of reconstituted landscaped areas.

 

A maintenance bond for the required landscaping shall be posted by the developer in favor of the city. If the landscaping is completed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted prior to the issuance of a certificate of occupancy. If the landscaping is bonded for completion, rather than completed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted when the materials are planted but before the completion bond is released.

 

The maintenance bond shall be in the amount of approximately one-third (1/3) of the value of the required landscaping, and shall be held for a period of twelve (12) months following the planting date. At the end of the twelve month time period, the bond shall be released if all required plantings are in healthy condition as determined by the planning director. When existing plantings are preserved in lieu of required new plantings, the bond shall be calculated according to the replacement value of plantings which meet the minimum requirements of this section.

 

(h) This section shall apply to any site plan filed subsequent to January 1, 1987.

(Ord. No. 194; Ord. No. 451; Code 1964, 21A-11; Ord. No. 845, 11-12-86; Ord. No. 890, 6-8-88; Ord. No. 991, 12-12-90)

 

Sec. 9-169. Public improvements.

 

(a) Generally. The director of public works, subject to the approval of the city manager, may require, in any development pursuant to a site plan approved under this article, the dedication of land for, and the installation of, public streets, alleys, sidewalks, curbs, gutters, sewers, drains and other public improvements according to city standards and the city shall accept these improvements into the city system for permanent maintenance within one (1) year after completion. Acceptance of public streets, alleys, sidewalks, curbs, gutters, sewers, drains and other public improvements shall be accomplished by separate instrument, with necessary plats. Such instrument shall be accepted by the city manager, approved as to form by the city attorney and recorded in the clerk's office of the circuit court of the city. No public improvements shall be accepted unless

 

(1) All such public improvements are installed and approved; or

 

(2) The city is furnished with an agreement, accompanied by a performance bond guaranteed by a bonding corporation authorized to do business in the state, an approved executed escrow agreement or an irrevocable letter of credit issued by a banking or lending institution licensed to do business in the state covering one hundred (100) percent of the cost of such improvements. Such agreement shall indemnify, protect and save harmless the city, be approved by the city attorney and be accompanied by evidence of public liability insurance issued by a company licensed to do business in this state.

 

(b) Infrastructure permit required. An infrastructure permit will be issued by the director of public works or his designees for all proposed public improvements to be constructed outside of existing public rights-of-way, but within proposed public rights-of-way or easements. At the time of approval of the plan, the developer shall obtain such permit and shall pay all applicable fees for the cost of permitting and inspection of the public improvements. It shall be a violation of city code to construct public infrastructure improvements without possession of a valid infrastructure permit. Work within existing public rights-of-way shall be permitted in accordance with section 34-41 of the city code.

 

(c) Permitting and inspection fees. Permitting and inspection fees shall be paid prior to the issuance of the infrastructure permit for the installation of public improvements, according to the following schedule:

 

(1) Twenty-five cents ($0.25) per linear foot of mainline sanitary sewer line, plus

 

(2) Twenty-five cents ($0.25) per linear foot of curb and gutter, plus

 

(3) Twenty-five cents ($0.25) per linear foot of storm sewer line.

 

(d) Term of permit.

 

(1) A permit issued under this article shall be valid for a period of one (1) year; provided, however, it may be extended for an additional one (1) year period, by written approval of the director of public works, upon receipt of evidence of reasonable progress toward the completion of the approved project and compliance with all conditions of approval.

 

(2) If public improvement activities cease for more than one hundred eighty (180) days, or if the permittee fails to initiate public improvements within one hundred eighty (180) days of issuance, then the infrastructure permit shall become void.

 

(e) Revocation of permit. In the event that public improvements are not being installed in accordance with city standards, the director of public works or his designee shall give written notice of construction deficiencies (notice to comply) to the permittee by registered or certified mail to the address specified by the permittee in his permit application, or by delivery at the site of the public improvement activities to the agent or employee supervising such activities. If, after seven (7) days of the date of notice, the permittee has not corrected the deficiencies, the director of public works may revoke the infrastructure permit, and the permittee or person responsible for constructing the public improvements shall be deemed to be in violation of this section and, upon conviction, shall be subject to the penalties provided by paragraph (h) below.

 

(f) Stop work orders Upon notification of a violation of this section which threatens life, limb or property, the director of public works or his designee may, in conjunction with or subsequent to a notice to comply, as specified in paragraph (e) above, issue an order requiring that all or part of the public infrastructure construction on the site be stopped until the specified corrective measures have been taken. The order shall be served in the same manner as the notice to comply, and shall remain in effect for seven (7) days from the date of service, pending the completion of the corrective action. Upon completion of the corrective action, the order shall immediately be lifted.

 

(g) Reinstatement of the permit In the event that an infrastructure permit has been revoked, the developer may seek reinstatement of the permit by correcting all identified deficiencies, and by paying a reinstatement fee of two hundred dollars ($200.00).

 

(h) Penalties for violation. A violation of the conditions of this section shall be deemed a class 1 misdemeanor and each day shall constitute a separate violation.

(Ord. No. 194; Ord. No. 268; Ord. No. 548, 9-28-77; Code 1964, 21A-12; Ord. No. 1070, 12-9-92)

 

Sec. 9-169.1. Stormwater management facilities.

 

(a) Where stormwater management facilities are required, no certificate of occupancy shall be issued until the facilities are completed, in accordance with the approved site plan.

 

(b) When the occupancy of a structure is desired prior to the completion of the stormwater management facilities, a certificate of occupancy may be issued if the applicant provides a form of surety in the amount equal to the remaining installation costs for the facilities during the construction period.

 

(c) All required stormwater management facilities shall be installed and approved within eighteen (18) months of project commencement. Should the applicant fail, after proper notice, to have the stormwater management facilities operating at the design level of service shown on the plan, the surety may be forfeited to the city. The city may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.

 

(d) After all required actions on the approved site plan have been completed, the applicant must submit a written request for a final inspection. If the requirements of the approved plan have been completed to the satisfaction of the city engineer, such unexpended or unobligated portion of the surety shall be refunded to the applicant or terminated within sixty (60) days following the date of final inspection and approval. The city engineer may require a certificate of substantial completion from a professional engineer of class III b surveyor before making a final inspection.

(Ord. No. 991, 12-12-90; Ord. No. 1098, 8-11-93)

 

Sec. 9-170. Reservation of land for public use.

 

The director of public works, subject to the approval of the city manager, may require, in any development pursuant to a site plan approved under this article, the reservation of land for parks, recreation areas, schools or other public facilities. In the event such reservations are required, the city must, within ninety (90) days of approval of the final site plan, acquire the reserved land by either negotiated purchase or the institution of condemnation proceedings. The city shall be entitled to a sixty-day extension of this time limit upon written notification to the landowner of record.

(Ord. No. 194; Code 1964, 21A-13)

 

Sec. 9-171. Exterior site lighting.

 

Exterior lighting shall be reasonably designed to provide for the safety of the public in their use of parking lots, walkways, and entrance areas. These areas shall be illuminated by a source providing not less than one-half of one foot candle (0.5) of light at the surface during the hours of darkness. The light source shall be located so as not to cause glare or excessive light spillage onto neighboring sites. All light poles located within pavement areas shall be protected by concrete curbing (VDOT CG-2) and shall be located a minimum of three and one half (3.5) feet from the curb.

(Ord. No. 910, 10-26-88)

 

Secs. 9-172--9-189. Reserved.

 

ARTICLE V.

 

HOUSING IMPROVEMENT PROGRAM

 

Sec. 9-190. Definitions.

 

(a) For the purpose of this article, the following words and phrases shall have the meanings set forth in this section.

 

Assessed value: The value of the building, exclusive of the land value.

 

Building official: The director of codes compliance.

 

Dwelling unit: A structure or portion thereof containing one (1) or more rooms, including bathroom and kitchen facilities, which are arranged, designed, or used as living and sleeping quarters for one (1) family.

 

Major deterioration: Decline or degradation requiring major work in order to comply with the property maintenance code (e.g., replacing rotten wood or correcting structural problems with a floor, roof, or porch).

 

Minor deterioration: Decline or degradation requiring minor work in order to comply with the property maintenance code (e.g., painting of trim, windows, or dwelling).

 

Neighborhood: Each neighborhood district (of which there are ten (10)) in the City of Hampton shall be considered a "neighborhood" for the purpose of establishing a neighborhood rate of deterioration.

 

Owner: The owner of record or the owner's agent.

 

Property Maintenance Code: The Virginia Uniform Statewide Building Code, as amended.

 

Substandard: Structure does not meet property maintenance code requirements and is dangerous, unsafe or unfit for occupancy.

 

(b) For the purpose of this article, the following words and phrases shall have the meanings set forth in chapter two of the Zoning Ordinance of the City of Hampton: duplex dwelling, duplex unit, family, lot width, manufactured home, mobile home, multi-family dwelling, rooming house, townhouse, and two-family dwelling.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-191. Intent.

 

The goals of the program are to maintain the existing housing stock within the City of Hampton; improve the appearance of neighborhoods; provide the incentives to homeowners and landlords to comply with existing codes and to upgrade their property; and to provide assistance to the citizens of Hampton in maintaining a safe, healthy environment.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-192. Identification of risk factors.

 

Dwelling units with the highest degree of risk of deterioration will be selected based on the following:

 

(a) Only dwelling units, which are, assessed points under the primary risk factors will be considered for inspection.

 

(b) Only dwelling units which are assessed points under the primary risk factors will be assessed points under the secondary risk factors.

 

(c) The number of dwelling units subject to inspection on an annual basis will be equal to the "city-wide deterioration rate" or two (2) percent of the city's dwelling units, whichever is less. The "city-wide deterioration rate" will be established on an annual basis and will be the percentage of dwelling units in the City of Hampton with exterior major deterioration.

 

(d) Primary risk factors.

 

(1) Exterior condition:

 

a. Ten (10) points for major deterioration;

 

b. Fifteen (15) points for sub-standard conditions.

 

(2) Prior violations related to property maintenance from the departments of codes compliance and fire, not to exceed the past five (5) years:

 

a. Two (2) points if one (1) violation;

 

b. Five (5) points if two (2) violations;

 

c. Eight (8) points if three (3) or more violations.

 

(3) Boarded-up buildings:

 

a. Fifteen (15) points if building is boarded-up.

 

(e) Secondary risk factors. Points for secondary risk factors will be assigned only to units which are assessed points under the primary risk factors.

 

(1) Deterioration:

 

a. Four (4) points if the property is located in a neighborhood with deterioration at or above the city average.

 

b. Six (6) points for minor exterior deterioration.

 

(2) Single-family lot width:

 

a. Two (2) points if the lot width is less than thirty-one (31) feet.

 

(3) Dwelling type:

 

a. Five (5) points for manufactured/mobile homes;

 

b. Three (3) points for multi-family dwellings inhabited by more than two (2) families but less than thirty (30) families;

 

c. Eight (8) points for rooming houses.

 

(4) Age of dwelling unit:

 

a. Two (2) points if twenty-one (21) to forty (40) years old;

 

b. Three (3) points if over forty (40) years old.

 

(5) Assessed value of dwelling unit, not including land value:

 

a. Single-family:

 

i. One (1) point if between eighty thousand dollars ($80,000.00) and ninety thousand dollars ($90,000.00);

 

ii. Two (2) points if between seventy thousand dollars ($70,000.00) and seventy-nine thousand nine hundred ninety-nine dollars ($79,999.00);

 

iii. Three (3) points if between fifty thousand dollars ($50,000.00) and sixty-nine thousand nine hundred ninety-nine dollars ($69,999.00);

 

iv. Four (4) points if under fifty thousand dollars ($50,000.00).

 

b. Multi-family:

 

i. One (1) point if between thirty-five thousand dollars ($35,000.00) and forty thousand dollars ($40,000.00);

 

ii. Two (2) points if between thirty thousand dollars ($30,000.00) and thirty-four thousand nine hundred ninety-nine dollars ($34,999.00);

 

iii. Three (3) points if between twenty-five thousand dollars ($25,000.00) and twenty-nine thousand nine hundred ninety-nine dollars ($29,999.00);

 

iv. Four (4) points if under twenty-five thousand dollars ($25,000.00).

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-193. Inspections.

 

Properties attaining a degree of risk as specified in section 9-192 shall be subject to inspections by the building official to determine and encourage compliance with the property maintenance code. Interior inspections will be performed under one (1) of the following circumstances; 1) the owner requests an interior inspection or 2) an administrative search warrant is obtained for the following reasons; (i) consensual search of the premises has been denied or is unattainable, (ii) a representative of the City of Hampton has personally inspected the property to the extent possible and believes that entry to the premises is necessary and (iii) that notice of the city's intent to seek issuance of an administrative search warrant was sent to the owner or resident at least ten (10) days prior to request of the administrative search warrant.

 

Exterior inspections will be performed in all cases.

 

Information on housing rehabilitation assistance programs available through the Hampton Redevelopment and Housing Authority (HRHA) will be included with the notification.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-194. Inspection fees.

 

No fee shall be charged for inspections conducted under this article.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-195. Violations and notifications.

 

After conducting an inspection and determining that violations are present, the owner or the owner's agent will receive a notice specifying the required repairs or improvements to be made to the building. Unless these violations pose an imminent threat to public safety, the owner will be given forty-five (45) days from the date of a registered letter to either begin corrective action or to submit a written plan or letter describing the proposed corrective action or to submit a written plan or program that demonstrates a good faith effort to comply within six (6) months of the cited date.

 

Failure to correct the violation shall result in issuance of a summons pursuant to the property maintenance code. Any violations may also be restrained, prohibited, or enjoined by appropriate proceedings.

 

Once a dwelling unit has been inspected and corrected under this program, the points assessed under section 9-192(d) primary risk factors will be dropped.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-196. Appeals.

 

The owner of the structure, the owner's agent or any other person involved in the design, construction or maintenance of the structure may appeal the building official's decision concerning application of the Uniform Statewide Building Code covering the manner of construction or materials to be used in the erection, alteration, repair, or maintenance of that structure. The applicant shall submit a written request for appeal, indicating specific requirements, to the board of building code appeals within twenty-one (21) calendar days from the receipt of the decision to be appealed. The application shall contain the name and address of the owner of the structure and the person appealing, if not the owner. A copy of the building official's decision shall be submitted along with the application for appeal and maintained as part of the record. Failure to submit an application for appeal within the time limit established by this section shall constitute acceptance of the building official's decision.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-197. Penalties.

 

Penalties of violations of the property maintenance code shall be in accordance with section 9-2 of this chapter.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-198. Effect on agreements between owners and occupants, etc.

 

The provisions of this article shall not affect any obligation, responsibility or liability imposed by any agreement between any owner or occupant and another, as between parties to any such agreement; provided, however, that no such agreement shall relieve any such owner or occupant of the respective duties, responsibilities and liabilities imposed upon them by the provisions of this article, or by the property maintenance code.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Sec. 9-199. Enforcement.

 

The building official and his/her designated representatives (one (1) for each of the ten (10) neighborhood districts) are authorized to enforce all the provisions of this article, to act pursuant to the authority contained herein and to perform all the duties required hereby.

(Ord. No. 1132, 11-9-94; Ord. No. 1156, 12-13-95; Ord. No. 1180, 2-12-97; Ord. No. 1291, 1-24-01)

 

Secs. 9-200, 9-201. Reserved.

Editors Note: Ord. No. 1364, adopted Feb. 25, 2004, repealed 9-200 and 9-201, which pertained to evaluation of program and effective date. See also the Code Comparative Table.

 

Secs. 9-202--9-205. Reserved.

 

ARTICLE VI.

 

BARBED WIRE

 

Sec. 9-206. Enforcement of article.

 

The provisions of this article shall be enforced by the zoning administrator.

 

Sec. 9-207. Violations of article.

 

Any person erecting or maintaining any barbed wire contrary to the provisions of this article shall be guilty of a Class 4 misdemeanor.

(Ord. No. 102; Code 1964, 5-5)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

 

Sec. 9-208. Exceptions from article.

 

The provisions of this article shall not apply to premises upon which cattle or other farm animals are enclosed.

(Ord. No. 102; Code 1964, 5-3)

 

Sec. 9-209. Article does not permit fences not otherwise permitted by zoning ordinance.

 

Nothing in this article shall be taken or construed as permitting the erection or maintenance of any fence in the city not otherwise permitted by the zoning ordinance of the city.

(Ord. No. 102; Code 1964, 5-4)

Cross References: Zoning ordinance, App. A; electric fences prohibited, 24-40.

 

Sec. 9-210. Use generally.

 

No barbed wire shall be used for the purpose of wholly or partially enclosing any lot or premises within the city, except that barbed wire may be used on top of any wall or fence wholly or partially enclosing any lot or premises in any commercial or manufacturing district, as defined by the zoning ordinance of the city, and barbed wire may be used on top of any wall or fence wholly or partially enclosing any public school, park or recreational or playground site in any residential, commercial or manufacturing district, as defined by the zoning ordinance of the city.

(Ord. No. 102; Code 1964, 5-1)

Cross References: Barbed wire fences not to be used in mobile home parks, 20-89; zoning ordinance, App. A.

 

Sec. 9-211. Specifications and requirements for permitted use.

 

When barbed wire is used for a purpose permitted under section 9-210, the wall or fence upon the top of which the barbed wire is used shall be at least six (6) feet in height, the barbed wire shall be installed on arms or brackets extending from the top of such wall or fence over the private property which is to be wholly or partially enclosed, not more than three (3) strands of barbed wire shall be so installed and the first strand shall be at least six (6) inches from the face of the wall or fence.

(Ord. No. 102; Code 1964, 5-2)

 

Secs. 9-212--9-219. Reserved.

 

ARTICLE VII.

 

ROOMINGHOUSES; BOARDINGHOUSES

 

Sec. 9-220. Purpose.

 

The purpose of this article shall be to provide minimum standards to ensure the public safety, health and welfare for this segment of Hampton's housing stock.

(Ord. No. 1196, 9-10-97)

 

Sec. 9-221. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Boardinghouse. The words "boardinghouse" shall be construed to mean a building or premises where meals are regularly served by prearrangement for compensation for five (5) or more persons, not open to transient guests in contradistinction to hotels, restaurants and tourist homes, which are open to transients.

 

Roominghouse. The words "roominghouse" shall be construed to mean a building or premises other than a hotel where lodging is offered by prearrangement for definite periods for compensation, of five (5) or more persons, not open to transient guests, in contradistinction to hotels, motels, or tourist homes open to transients. This does not include adult care residences or tourist homes as defined in the City of Hampton Zoning Ordinance.

 

Rooming unit. The words "rooming unit" shall be construed to mean a single, sleeping room within a roominghouse.

 

Person. The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a roominghouse or boardinghouse.

(Ord. No. 1196, 9-10-97)

 

Sec. 9-222. Compliance with article.

 

No person shall operate a roominghouse or a boardinghouse, occupy or let to another for occupancy any unit in any roominghouse or boardinghouse, except in compliance with the provisions of this article.

(Ord. No. 1196, 9-10-97)

 

Sec. 9-223. Operating permit generally.

 

(a) Permit required. No person shall operate a roominghouse or a boardinghouse unless they hold a valid roominghouse or boardinghouse permit issued by the director of codes compliance in the name of the operator and for the specific dwelling or dwelling unit. The owner of the property shall apply to the director of codes compliance for such permit, which shall be issued upon the operator's compliance with the applicable provisions of this article and after an inspection performed by the director of codes compliance to ensure compliance with the provisions of the Virginia Uniform Statewide Building Code and other applicable codes. The permit shall be displayed in a conspicuous place at all times within the roominghouse or boardinghouse. The permit shall not be transferable.

 

(b) Notice of sale or transfer. Every person holding a permit under this section shall give notice in writing to the director of codes compliance within twenty-four (24) hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of the roominghouse or boardinghouse for which the permit was issued. Such notice shall include the name and address of the person succeeding to the ownership or control of such roominghouse or boardinghouse.

 

(c) Validity. Every roominghouse or boardinghouse permit shall expire at the end of one year following its date of issuance. The permit shall be renewable from year-to-year upon inspection by the director of codes compliance unless suspended or revoked.

 

(d) Appeal. Any person whose application for a permit to operate a roominghouse or boardinghouse is denied for failure to comply with the provisions of the Uniform Statewide Building Code and other applicable codes, within ten (10) days following the action of the director of codes compliance may request a hearing on the matter by the board of building code appeals. After such hearing, the board may uphold the denial or order the issuance of the permit.

(Ord. No. 1196, 9-10-97)

 

Sec. 9-224. Suspension and revocation.

 

(a) Notice of violation. Whenever, upon inspection of any roominghouse or boardinghouse, the director of codes compliance finds that conditions or practices exist which are in violation of this article, the Uniform Statewide Building Code or other applicable codes, the director shall give notice in writing to the operator of such roominghouse or boardinghouse that unless such conditions or practices are corrected within a reasonable period of time, not to exceed thirty (30) days, the operator's roominghouse or boardinghouse permit will be suspended. At the end of such period, the director of codes compliance shall inspect such roominghouse or boardinghouse, and if it is found that such conditions or practices have not been corrected, the director shall either extend the time to correct the violations or give notice in writing to the operator that the permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such roominghouse or boardinghouse and no person shall occupy, for sleeping, eating or living purposes, any rooming unit therein.

 

(b) Appeal. Any person whose permit to operate a roominghouse or boardinghouse has been suspended, or who has received notice from the director of codes compliance that their permit will be suspended unless existing conditions or practices at said roominghouse or boardinghouse are corrected, within ten (10) days following the action of said director may request a hearing by the board of building code appeals. If no request for a hearing is filed within the prescribed time following the day on which such permit is suspended, such permit shall be automatically revoked.

(Ord. No. 1196, 9-10-97)

 

Sec. 9-225. Penalties.

 

Any person violating this article shall be guilty of a Class 1 misdemeanor.

(Ord. No. 1196, 9-10-97)

 

Sec. 9-226. Initial compliance.

 

Those roominghouses or boardinghouses in existence on the date of adoption of this article shall have ninety (90) days to apply for the operating permit.

(Ord. No. 1196, 9-10-97)

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council