Legislation # 06-0668 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/15/2006
Title AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "EXCAVATING; FILLING AND SIMILAR OPERATIONS."
 
Legislation History 06-0668
DateNotice Of ActionDescription
11/15/2006 Adopted on First and Final Reading
11/15/2006 Moved to waive the second reading on consent agenda items 6 through 16.
11/5/2006 Received By Clerk's Office
 
View Attachments 06-0668
FileTypeSizeDescription
Chapter 13 - Excavating Filing and Similar Operations - REDLINE - October 17 2006.doc Other 124K Chapter 13 Redline Version
 
Legislation Text 06-0668

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0668

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "EXCAVATING; FILLING AND SIMILAR OPERATIONS."

 

 

Chapter 13

 

EXCAVATING; FILLING AND SIMILAR OPERATIONS*

__________

* Cross References: Removal of sand from beaches and adjacent areas, 7-51, 7-52; building and development regulations generally, Ch. 9; restrictions on excavating operations at night, 22-8; sewers, Ch. 30; stormwater management, Ch. 33.1; streets and sidewalks, Ch. 34; subdivisions, Ch. 35; swimming pools, Ch. 36; wetlands zoning ordinance, 41.1-5 et seq.; general zoning ordinance, App. A.

__________

 

Article I. In General

Sec. 13-1. Penalty for violations of chapter.

Sec. 13-2. Repealed.

Secs. 13-3--13-15. Reserved.

 

Article II. Controlled Activities Generally

Sec. 13-16. Definitions.

Sec. 13-17. Purpose of article.

Sec. 13-18. Exemptions from article.

Sec. 13-19. Permit required.

Sec. 13-20. Permit application and fee.

Sec. 13-21. Bond.

Sec. 13-22. Issuance or refusal of permit.

Sec. 13-23. Permit restrictions and conditions.

Sec. 13-24. Term of permit.

Sec. 13-25. Use of certain fill material prohibited.

Sec. 13-26. Covering of fill projects.

Sec. 13-27. Right of entry of director of public works.

Sec. 13-28. Correction of dangerous conditions.

Sec. 13-29. Endorsement of permit upon completion of work; order to complete work in accord with permit.

Sec. 13-30. Completion of work by surety or city agents.

Secs. 13-31--13-45. Reserved.

 

Article III. Borrow Pits

 

Division 1. Generally

Sec. 13-46. Purpose of article.

Sec. 13-47. Application of article generally; minimum area for excavation activities.

Sec. 13-48. Exemptions from article.

Sec. 13-49. Right of entry of director of public works, etc.

Sec. 13-50. Correction of dangerous conditions.

Sec. 13-51. Location with respect to property lines, streets, etc.

Sec. 13-52. Removal of trees and other vegetation.

Sec. 13-53. Vehicular access.

Sec. 13-54. Equipment requirements.

Sec. 13-55. Slope of banks; dike or berm for certain fills.

Sec. 13-56. Free-standing water.

Sec. 13-57. Reduction in project size.

Secs. 13-58--13-65. Reserved.

 

Division 2. Permit

Sec. 13-66. Required.

Sec. 13-67. Application generally.

Sec. 13-68. Application fee.

Sec. 13-69. Plat and plan to accompany application.

Sec. 13-70. Applicant's bond or other security.

Sec. 13-71. Limitations or conditions generally.

Sec. 13-72. Default in performance of condition.

Sec. 13-73. Endorsement upon completion of work; order to complete work as

required by permit.

Sec. 13-74. Revocation.

Secs. 13-75--13-85. Reserved.

 

Article IV. Reserved

Secs. 13-86--13-119. Reserved.

 

Article V. Erosion and Sediment Control

Sec. 13-120. Purpose of article.

Sec. 13-121. Relationship of article to other ordinances and regulations.

Sec. 13-122. Definitions.

Sec. 13-123. Exemptions from article.

Sec. 13-124. Application of state guidelines, standards, etc.

Sec. 13-125. General requirements.

Sec. 13-126. Responsibility of property owner when work to be done by contractor.

Sec. 13-127. Responsibility and bond for control measures.

Sec. 13-128. Preparation of plan; preliminary plan.

Sec. 13-129. Single-family detached residences.

Sec. 13-130. Plan review and inspection fee.

Sec. 13-131. Approval or disapproval of plan.

Sec. 13-132. Appeals from decisions under article.

Sec. 13-133. Amendment of approved plan.

Sec. 13-134. Issuance and term of permit.

Sec. 13-135. Final inspection of, and certification of completion for, land-disturbing activity.

Sec. 13-136. Agent designated for administration and enforcement of article.

Sec. 13-137. Periodic inspections of land-disturbing activities.

Sec. 13-138. Notice of violations.

Sec. 13-139. Damaging, removing, etc., erosion-prevention bags.

Sec. 13-140. Violations, or exceeding scope of approval.

Sec. 13-141. Penalties, injunctions and other legal actions.

 

ARTICLE I.

 

IN GENERAL

 

 

Sec. 13-1. Penalty for violations of chapter.

 

Any person violating any provision of this chapter shall be guilty of a misdemeanor and, unless otherwise specifically provided, shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or thirty (30) days imprisonment or both. Each day of such violation shall constitute a separate offense.

(Ord. No. 552, 11-9-77; Ord. No. 672, 10-8-80; Code 1964, 16.1-21, 16.1-36, 21B-14; Ord. No. 710, 2-24-82)

 

Sec. 13-2. Repealed.

 

Secs. 13-3--13-15. Reserved.

 

ARTICLE II.

 

CONTROLLED ACTIVITIES GENERALLY

 

Sec. 13-16. Definitions.

 

As used in this article, the term "controlled activity" shall mean and include depositing, stockpiling, manipulating, excavating or removing any topsoil, sand, gravel, concrete, earth or any combination thereof within an area of two (2) acres or less within the city.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-2)

 

Sec. 13-17. Purpose of article.

 

The purpose of this article is to safeguard life, limb, property and the public health, safety and welfare by regulating and controlling excavations, filling and other related activities within the city.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-1)

 

Sec. 13-18. Exemptions from article.

 

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

 

(1) Controlled activity conducted by or under contract with the city or any of its agencies or boards or by any public utility or franchised agent doing business within the city.

 

(2) Controlled activity conducted in accordance with a valid building permit, plumbing permit or electrical permit, where the cost of grading or excavation and fill is included in the permit evaluation.

 

(3) Controlled activity conducted in accordance with an approved subdivision or site plan.*

__________

* Cross References: Site plans, 9-131 et seq.; subdivisions, Ch. 35.

__________

 

(4) Such minor land-disturbing activities as home gardening and individual home landscaping that does not alter the existing or established drainage pattern.

 

(5) The installation or repair of septic tank drainage fields.

 

(6) Tilling, planting or harvesting of agricultural, horticultural or forest crops.

(7) Controlled activities conducted on railroad rights-of-way.

 

(8) Emergency work to protect life, limb or property and emergency repairs.

 

(9) Controlled activity on land owned by the federal government.

 

(10) Shore erosion projects approved and permitted by the state marine resources commission or the Army Corps of Engineers or the city wetlands board.

 

(11) Controlled activities on or over wetlands, which activities are permitted by the city wetlands board.

 

(12) Controlled activities conducted in accordance with article III of this chapter.

 

(13) Controlled activities conducted in accordance with section 32-1 of this Code.

 

(14) Controlled activities on or over sand dunes, as permitted by the city wetlands board.

(Ord. No. 1964, 16.1-4)

Cross References: Wetlands zoning ordinance, 41.1-5 et seq.

 

Sec. 13-19. Permit required.

 

It shall be unlawful for any person to engage in any controlled activity, without first obtaining a permit for such activity from the director of public works. No permit to begin any work that requires a permit covered by this chapter 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. 672, 10-8-80; Code 1964, 16.1-2; Ord. No. 1357, 9-10-03)

 

Sec. 13-20. Permit application and fee.

 

(a) Application for a permit required by section 13-19 shall be submitted to the office of the building official. Such application shall be made in the name of the owner of the property on which the activity is to take place and shall be signed by such owner or his duly authorized agent. The application shall contain the following information:

 

(1) Property owner's name and address.

 

(2) Deed book and page number of recorded deed.

 

(3) Tax book page number and parcel number.

 

(4) Sketch showing the following information:

 

a. Property lines with dimension of property.

 

b. Limits of excavation and filling.

 

c. Names of adjacent property owners.

 

d. Existing trees, watercourses and utilities.

 

e. Existing drainage culverts, septic tanks and septic fields.

 

f. Proposed drainage scheme.

 

g. Date and signature of person preparing sketch.

 

The director of public works may require the applicant to submit a sketch prepared by an engineer or surveyor certified and duly licensed by the commonwealth.

 

(b) A fee of fifty dollars ($50.00) shall be submitted with each application filed pursuant to this section.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-5, 16.1-6)

 

Sec. 13-21. Bond.

 

(a) Before a permit is issued under this article, the applicant shall file with the director of public works a property or surety bond conditioned on the faithful performance of the requirements and conditions prescribed in this article. Such bond shall be executed by the owner of the property on which the activity is to be conducted. The surety, in the case of a surety bond, shall be a duly licensed bonding company authorized to do business in the commonwealth. In lieu of a corporate surety, the owner may present a written bond accompanied by a deposit of cash in the amount of the bond.

 

(b) Every bond required by this section, shall be conditioned that the principal shall:

 

(1) Comply with all relevant provisions of this article and all applicable laws and ordinances;

 

(2) Comply with all the terms and conditions of the permit granted under this article and any use permit required by law; and

 

(3) Complete all of the work within the time specified in the permit or extension thereof.

 

(c) The minimum bond required under this section for any area up to one-half acre shall be two thousand dollars ($2,000.00). The bond required for any area in excess of one-half acre shall be four thousand dollars ($4,000.00) for each acre or portion of an acre subject to the permit issued under this article.

 

(d) The term of each bond required by this section shall begin on the date the controlled activity commences and shall remain in effect until such bond is specifically released, in writing, by the director of public works. The surety executing such bond, or the deposit referred to in subsection (a) 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.

 

(e) In the case of a cash deposit, as provided for in subsection (a) of this section, 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 public works.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-7--16.1-11)

 

Sec. 13-22. Issuance or refusal of permit.

 

The director of public works shall, within thirty (30) days following the receipt of an application under section 13-20, issue a permit or notify the applicant in writing of the refusal thereof.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-12)

 

Sec. 13-23. Permit restrictions and conditions.

 

(a) The following restrictions shall apply to all permits issued under this article:

 

(1) The maximum area subject to any permit shall be two (2) acres.

 

(2) There shall be no change in contour of existing land that will exceed three (3) vertical feet at any given point.

 

(3) The purpose of the activity covered by the permit shall be to reclaim, regrade, improve drainage or otherwise improve the land.

 

(4) All activity under the permit shall be conducted by the owner of the property or under the direction of such owner.

 

(b) In granting any permit required by this article, the director of public works shall impose such conditions thereon as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or a hazard to life or property. Such conditions may include, but are not limited to:

 

(1) Designation of a reasonable time for the completion of the work.

 

(2) Limitations upon the hours of the day, days of the week and months of the year for conducting the activity.

 

(3) The type of material to be used when the project is a fill project.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-3, 16.1-13)

 

Sec. 13-24. Term of permit.

 

(a) The duration of a permit issued pursuant to this article shall be six (6) months or less, as determined by the director of public works.

 

(b) Thirty (30) day extension shall be allowed to correct violations following inspection by the director of public works.

 

(c) If work is not started within sixty (60) days after the date of issuance of a permit under this article, the permit shall be revoked automatically and the permittee shall be notified, in writing, by the director of public works.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-14)

 

Sec. 13-25. Use of certain fill material prohibited.

 

None of the following materials shall be used as fill in any activity covered by a permit issued under this article:

 

(1) Wood or chemical substances of wood.

 

(2) Toxic materials.

 

(3) Paper or plastics.

 

(4) Metal or metal products.

 

(5) Garbage, which is defined as the refuse of animal and vegetable food stuffs.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-15)

 

Sec. 13-26. Covering of fill projects.

 

No fill material, other than dirt, shall be left uncovered for longer than thirty (30) days. Progressive covering shall be required as the fill progresses. The initial cover shall be a minimum of six (6) inches and the final cover shall consist of twelve (12) inches of dirt or topsoil free of debris or other material. Such cover shall be protected against erosion.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-16)

 

 

 

Sec. 13-27. Right of entry of director of public works.

 

The director of public works shall have access at reasonable times to the premises upon which any controlled activity is being conducted. No person shall hinder or prevent the director of public works from entering onto and inspecting any property on which such activity is taking place.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-17)

 

Sec. 13-28. Correction of dangerous conditions.

 

Whenever the director of public works determines, by inspection, that a project conducted pursuant to a permit issued under this article has become dangerous to life, limb or property or affects the safety, usability or stability of a public way, the director of public works shall notify the owner of the property of such defects and the action necessary to correct the condition. The owner or his agent shall, within thirty (30) days from the date of such written notice, repair, reconstruct or correct such condition so that it will conform to the requirements of this article or otherwise strengthen or eliminate such excavation or fill so that it will no longer constitute a menace or danger. A shorter period of time to repair, reconstruct or correct such condition may be specified by the director of public works, if any imminent hazard is found to exist.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-18)

 

Sec. 13-29. Endorsement of permit upon completion of work; order to complete work in accord with permit.

 

The completion of work pursuant to a permit issued under this article shall be evidenced by approval endorsed on the permit by the director of public works. Such endorsement of the permit shall release the surety, property or cash bond posted under section 13-21. In the event of failure to complete the work or failure to comply with all the conditions and terms of the permit, the director of public works may order the work to be completed as required by the permit.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-20)

 

Sec. 13-30. Completion of work by surety or city agents.

 

In the event of the default in the performance of any term or condition of a permit issued under this article, the surety on the bond required by this article, or any person employed by or in behalf of such surety, or agents of the city shall have the right to go upon the premises to complete the required work.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-19)

 

Secs. 13-31--13-45. Reserved.

 

ARTICLE III.

 

BORROW PITS

 

DIVISION 1.

 

GENERALLY

 

Sec. 13-46. Purpose of article.

 

The purpose of this article is to safeguard life, limb, property, ecology and the public health, safety and welfare by regulating and controlling borrow pits.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-22)

 

Sec. 13-47. Application of article generally; minimum area for excavation activities.

 

The activities controlled by this article shall be limited to excavation activities conducted for the purpose of extracting earth borrow material from an area of more than two (2) acres. Earth borrow from areas of two (2) acres or less are prohibited.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-24, 16.1-28[a])

 

Sec. 13-48. Exemptions from article.

 

The provisions of this article shall not apply to the following:

 

(1) Excavation for swimming pool construction.

 

(2) Excavation for construction of foundations.

 

(3) Landscaping activities on a single lot or parcel of land, two (2) acres or less.

 

(4) The stripping of sod for agricultural purposes.

 

(5) Activities proposed on an approved subdivision development plan.

 

(6) Activities proposed on an approved residential open space development plan.

 

(7) Activities proposed on an approved residential suburban development plan.

 

(8) Activities proposed on an approved site plan.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-25)

 

Sec. 13-49. Right of entry of director of public works, etc.

 

The director of public works and the surety on the bond posted pursuant to section 13-70, or the authorized agent of such surety, shall have access at reasonable times to the premises upon which a borrow pit activity is being conducted.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-34)

 

Sec. 13-50. Correction of dangerous conditions.

 

Whenever the director of public works determines, by inspection, that a project conducted pursuant to a permit issued under this article has become dangerous to life, limb or property or affects the safety, usability or stability of a public way, the director of public works shall notify the owner of the property of such defects and the action necessary to correct the condition. The owner or agent shall, within thirty (30) days from the date of such written notice, repair, reconstruct or correct such condition so that it will conform to the requirements of this article or otherwise strengthen or eliminate such condition so that it will no longer constitute a menace or danger. A shorter period of time to repair, reconstruct or correct such condition may be specified by the director of public works, if any imminent hazard is found to exist.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-32)

 

Sec. 13-51. Location with respect to property lines, streets, etc.

 

Excavations pursuant to a permit issued under this article shall be confined to areas distant at least one hundred (100) feet from all adjoining property lines and distant at least two hundred (200) feet from any dwelling, existing street or proposed right-of-way and all property lines in a platted subdivision, except that the provisions of this section may be varied when the excavation lies completely within the external boundaries of an approved subdivision and is designed as an integral part thereof. This section shall not apply to borrow pits located wholly within the bed of a navigable stream.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28[g])

 

Sec. 13-52. Removal of trees and other vegetation.

 

In the performance of work pursuant to a permit issued under this article, no trees or other existing growth shall be removed from the site, except in the area to be excavated and in the rights-of-way of haul roads and except that an area not to exceed ten thousand (10,000) square feet may be cleared for operational offices, shops and storage areas. In all cases, existing vegetation shall not be removed until immediately prior to excavation in that particular area.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28[d])

 

Sec. 13-53. Vehicular access.

 

Access to borrow pit operations shall not be from a minor residential street. All vehicular access from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion and facilitate transportation and shall be so maintained as to eliminate any nuisance from mud or dust to neighboring properties or city streets. The application for a permit under this article may be denied, if it is found that excessive traffic congestion or street deterioration would result from the operation.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28[e])

 

Sec. 13-54. Equipment requirements.

 

All equipment used for the production or transportation of materials in connection with borrow pit operations shall be located, constructed, maintained and operated in such a manner as to eliminate, as far as practicable, noise, vibration and dust which are injurious or annoying to persons living in the vicinity. Additional equipment not directly involved with the activity shall not be stored or maintained on the premises.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28[f])

 

Sec. 13-55. Slope of banks; dike or berm for certain fills.

 

(a) The slope of the banks of all excavations for borrow pits shall be designed and maintained as follows: For the first one hundred (100) lineal feet towards the center from the perimeter, the slope shall not be steeper than three (3) feet horizontal to one foot vertical; for the second one hundred (100) lineal feet, the slope shall not be steeper than two (2) feet horizontal to one foot vertical; and for distances over two hundred (200) feet, the slope shall not be steeper than one foot horizontal to one foot vertical, unless soil or other conditions are such that a flatter slope is required to insure adequate stability and safety.

 

(b) The slope of the banks of any borrow pit fill shall not exceed one and five-tenths (1.5) feet horizontal to one foot vertical, without the use of an approved retaining wall. A flatter slope may be required, if the conditions of the fill material or other conditions are such that a flatter slope is necessary to insure adequate stability and safety. When filling is to be done adjacent to tidal marshes, an earthen dike or berm shall be established around the portion adjacent to the marsh. The toe of the slope of the bank of the dike may not be closer than fifteen (15) feet to the saltbush line or other evidence of the upper limits of the marsh and the slope of the bank on the marsh side shall not exceed three (3) feet horizontal to one foot vertical. A vegetative cover shall be established upon the dike.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28[g, h])

 

Sec. 13-56. Free-standing water.

 

A body of free-standing water will be permitted at borrow pits, when the grade of slopes, depth of excavation and run-off structures are approved as not creating a public nuisance or public health hazard. All weedy vegetation and debris will be removed from all slopes prior to the pit being filled with water for a distance of one hundred (100) lineal feet from the ultimate shore line.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28[i])

 

Sec. 13-57. Reduction in project size.

 

In the case of activities approved pursuant to this article, a reduction in the size of the proposed project may be permitted, provided all other provisions of this article are met and such reduction is approved by the director of public works. No such reduction shall, however, reduce the size of the area to two (2) acres or less.

(Ord. No. 672, 10-8-82; Code 1964, 16.1-28)

 

Secs. 13-58--13-65. Reserved.

 

DIVISION 2.

 

PERMIT

 

Sec. 13-66. Required.

 

It shall be unlawful for any person to commence excavation activities controlled by this article in an area within the city, without first obtaining a permit for such activities from the director of public works.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-23)

 

Sec. 13-67. Application generally.

 

Application for a permit required by this division shall be submitted to the office of the building official. Such application shall be made in the name of the owner of the property on which the activity is to take place and shall be signed by such owner or his duly authorized agent. The application shall contain the following information:

 

(1) Property owner's name and address.

 

(2) Deed book and page number of recorded deed.

 

(3) Tax book page number and parcel number.

 

(4) Use permit case number and use permit approval date.

 

(5) A map prepared by an engineer certified and duly licensed by the commonwealth. The map shall be drawn at a scale of one inch equals one hundred (100) feet and shall show, but not necessarily be limited to, such features as existing trees, watercourses, underground utilities, overhead utilities, drainage culverts, sanitary sewers, septic tank systems, improved streets, rights-of-way, property lines, names of adjacent property owners, existing topography of the area to be affected, existing ground elevations on a minimum two hundred (200) foot grid system, proposed limits of excavation and proposed final elevations on a two hundred (200) foot grid system.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-26)

 

Sec. 13-68. Application fee.

 

A fee of five hundred dollars ($500.00) shall be submitted with each application filed pursuant to section 13-67.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-27)

 

Sec. 13-69. Plat and plan to accompany application.

 

(a) An application for a permit under this division shall be accompanied by a plat, prepared by a certified land surveyor or civil engineer duly licensed to practice in the commonwealth, delineating the areas for approved activities.

 

(b) A specific plan, subject to approval by the director of public works, of systematic operation and rehabilitation shall be submitted with an application for a permit under this division. Such plan shall provide, in all respects, for the adequate safeguarding and protection of other nearby interests and the general public health, safety, convenience, prosperity and welfare, and shall include a plan and program showing, by contour maps and otherwise, how the land is to be restored to a safe, stable, usable and generally attractive condition by regarding, draining, planting or other suitable treatment to resist erosion and conform substantially with adjacent land characteristics.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28[c, j])

 

Sec. 13-70. Applicant's bond or other security.

 

(a) In order to guarantee compliance with all the terms and conditions of the permit and in order to protect the city and any person suffering loss or injury by reason of a violation of the terms and conditions of the permit or this article, each applicant for a permit under this division shall submit one of the following:

 

(1) A performance bond, in an amount set forth in subsection (b) below, which guarantees performance by the applicant of all terms and conditions of the permit, such bond to be written by a bonding company licensed to do business in the commonwealth.

 

(2) An escrow agreement, placing in escrow the amount set forth in subsection (b) below in a banking institution licensed to do business in the commonwealth.

 

(3) An irrevocable letter of credit, in the amount set forth in subsection (b) below, issued by a banking or lending institution licensed to do business in the commonwealth.

 

The bond, escrow agreement or letter of credit shall be executed by the owner of the property on which the activity is to be conducted, shall be approved as to form by the city attorney and shall remain in full force and effect until specifically released, in writing, by the director of public works.

 

(b) The amount of the bond, escrow deposit or letter of credit required by this section shall be twenty thousand dollars ($20,000.00) or ten thousand dollars ($10,000.00) per acre or part thereof involved in the borrow pit activity, whichever is the greater. Upon the written request of the permittee to excavate only a portion of the area for which the borrow pit permit is issued, the director of public works may approve a bond, escrow deposit or letter of credit based upon the acreage of the area to be excavated; provided, however, the minimum amount shall be twenty thousand dollars ($20,000.00). Before any additional land covered by the permit may be excavated, the following must be complied with by the permittee:

 

(1) In the event the permittee wishes to commence borrow pit activity on a new portion without completing an existing portion, the permittee shall request from the director of public works, in writing, permission to commence activity on the additional portion.

 

(2) A separate bond, escrow deposit or letter of credit shall be posted for the additional area to be excavated before activity is commenced on any additional portion.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-29, 16.1-30)

 

Sec. 13-71. Limitations or conditions generally.

 

The director of public works may impose on each permit issued under this division such limitations or conditions as are reasonably necessary to prevent the proposed activity from being conducted in such a manner as to constitute or create a nuisance or a hazard to life or property. The imposed limitations or conditions may include, but are not limited to:

 

(1) The designation of time for completion of the activity.

 

(2) Limitations as to hours of day the activity may be conducted.

 

(3) Limitations on the days of the week the activity may be conducted and the months of the year the activity may be conducted.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-28)

 

Sec. 13-72. Default in performance of condition.

 

In the event of the default in the performance of any term or condition of a permit issued under this division, the surety on the bond posted under this division, or any person employed by or in behalf of such surety, or agents of the city shall have the right to go upon the premises to complete the required work.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-31)

 

Sec. 13-73. Endorsement upon completion of work; order to complete work as required by permit.

 

The completion of work contemplated by a permit issued under this article shall be evidenced by approval endorsed on the permit by the director of public works. In the event of failure to comply with all of the conditions and terms of the permit, the director of public works may order the work to be completed as required by the permit.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-33)

 

Sec. 13-74. Revocation.

 

Any permit issued under this division may be revoked for the violation of any condition of the permit, the violation of any provision of this article or any other applicable law or ordinance or the existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.

(Ord. No. 672, 10-8-80; Code 1964, 16.1-35)

 

Secs. 13-75--13-85. Reserved.

 

ARTICLE IV.

 

RESERVED*

__________

* Editors Note: Ordinance No. 1036, adopted Feb. 26, 1992, repealed Ch. 13, Art. IV, 13-86--13-118, which pertained to erosion and sedimentation control and derived from Code 1964, 21B-1--21B-15, 27.1-50; Ord. No. 552, adopted Nov. 9, 1977; Ord. No. 710, adopted Feb. 24, 1982 and Ord. No. 992, adopted Dec. 12, 1990.

__________

 

Secs. 13-86--13-119. Reserved.

 

ARTICLE V.

 

EROSION AND SEDIMENT CONTROL*

__________

* Charter References: Authority of city to control erosion during land development, 2.06.

__________

 

Sec. 13-120. Purpose of article.

 

The purpose of this article is to conserve land, water, air and other natural resources of the city by establishing requirements for the control of soil erosion and sedimentation resulting from land-disturbing activities and by establishing procedures whereby such requirements shall be administered and enforced.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-121. Relationship of article to other ordinances and regulations.

 

This article is intended to be adjunct to the subdivision ordinance, the zoning ordinance, the building code and other city regulations governing the development of land and the removal of soil. Whenever this article imposes more restrictive standards than those of other city ordinances or regulations, the requirements of this article shall have precedence.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-122. Definitions.

 

For the purposes of this article, the following words and terms shall have the meanings ascribed to them in this section:

 

Agent shall mean the departments designated by this article as responsible for approval or disapproval of plans and the administration and enforcement of the provisions of this article.

 

Chesapeake Bay Preservation District shall mean 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.

 

Clearing shall mean any activity which removes the vegetative ground cover, including but not limited to, the removal of root mat or topsoil.

 

Erosion and sedimentation control plan or plan shall mean a document containing material for the conservation of soil and water resources of a unit or a group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information, with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.

 

Excavating shall mean any digging, scooping, or other methods of removing earth materials.

 

Filling shall mean any depositing or stockpiling of earth materials.

 

Grading shall mean any excavating, filling, leveling or sloping of earth materials, or any combination thereof, including the land in its excavated, filled, leveled or sloped condition.

 

Land-disturbing activity shall mean any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

 

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, lessee or other person, firm or corporation in control of a property.

Permit shall mean a permit issued by the city for the purpose of engaging in a land-disturbing activity as controlled by this article.

 

Person shall mean any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the state, any interstate body or any other legal entity.

 

Subdivision shall mean the division of a parcel of land into three (3) or more lots or parcels of less than five (5) acres each for the purpose, whether immediate or future, or both, of transfer of ownership or building development, or if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, where appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

 

Transporting shall mean any moving of earth materials from one (1) place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover, either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.

(Ord. No. 1037, 2-26-92; Ord. No. 1372, 5-12-04)

 

Sec. 13-123. Exemptions from article.

 

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

 

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

 

(2) Individual service connections.

 

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

 

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

 

(5) Surface or deep mining activities authorized under a permit issued by the state department of mines, minerals and energy; or exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas.

 

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

 

(7) Disturbed land areas of less than ten thousand (10,000) square feet.

 

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

 

(9) Emergency work to protect life, limb or property and emergency repairs; however, if the agent determines that the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an actual emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the agent.

 

(10) Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Code of Virginia, 10.1-604 et seq., ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.

 

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

 

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

 

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

(Ord. No. 1037, 2-26-92; Ord. No. 1098, 8-11-93)

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

 

 

 

Sec. 13-124. Application of state guidelines, standards, etc.

 

(a) Land-disturbing activities within the city shall be subject to the guidelines and standards for soil erosion and sedimentation control contained in the current edition of the Virginia Erosion and Sediment Control Handbook, as amended, which is hereby made a part of this article by reference.

 

(b) Land-disturbing activities controlled by this article shall be designed and conducted in accordance with the Virginia Erosion and Sediment Control Law, Section 10.1-560 et seq. of the Code of Virginia of 1950, as amended, and the Virginia Erosion and Sediment Control Regulations, VR 625-02-00.

 

(c) Erosion and sediment control practices shall be in compliance with the standards contained in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook, as amended. Alternative practices may be approved, when it is shown that such practices provide equal or improved erosion and sedimentation control.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-125. General requirements.

 

(a) It shall be unlawful for any person to engage in any land-disturbing activity, unless exempted by this article, until such person has first submitted to the agent four (4) copies of an erosion and sedimentation control plan and such plan has been approved as in compliance with the intent of, and requirements contained in this article and a permit certifying such approval has been issued as provided in this article.

 

(b) No agency or department authorized under any other ordinance or law to issue building, right-of-way or other required permits for projects involving land development activities covered by this article may issue such required permit, unless an erosion and sedimentation control plan has been approved and a permit certifying such approval has been issued as provided in this article.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-126. Responsibility of property owner when work to be done by contractor.

 

When a land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the obtaining of a permit under this article, together with the required plan submissions, shall be the responsibility of a person owning the property.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-127. Responsibility and bond for control measures.

 

(a) All control measures required by the provisions of this article shall be undertaken at the expense of the owner or his agent and, pending actual provision thereof, the owner or his agent shall execute and file with the agent, prior to the issuance of a permit under this article, one of the following:

 

(1) A performance bond covering or cash deposit covering one hundred (100) percent of the control measures; or

 

(2) An escrow agreement, placing in escrow, in a banking institution licensed to do business in the state, adequate cash to cover one hundred (100) percent of the cost of the control measures; or

 

(3) An irrevocable letter of credit covering one hundred (100) percent of the cost of improvements; such letter of credit to be issued by a banking institution or lending institution licensed to do business in the state.

 

The bond, escrow agreement, or letter of credit shall be approved by the city attorney and shall guarantee that the required control measures will be properly and satisfactorily undertaken and maintained.

 

(b) Conservation measures may be taken by the agent at the applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action which may be required of him by the approved plan as a result of his land-disturbing activity. If the agent takes such conservation action upon such failure by the permittee, the agent may collect from the permittee for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. The agents may waive the requirement for surety if the surety amount is determined to be less than one thousand dollars ($1,000.00) and the land-disturbing activity is associated with the preparation for a single-family detached residence.

 

(c) Within sixty (60) days of the achievement of adequate stabilization of the land-disturbing activity, such bond, cash deposit, cash escrow, or letter of credit, or the unexpended or unobligated portion thereof, shall be refunded to the owner or his agent or terminated, as the case may be, upon the issuance, by the agent, or a certificate of completion pursuant to section 13-135. Achievement of adequate stabilization shall be determined by the agent.

(Ord. No. 1037, 1-26-92; Ord. No. 1098, 8-11-93)

 

Sec. 13-128. Preparation of plan; preliminary plan.

 

(a) Any person proposing to undertake any land-disturbing activity, other than those exempted by section 13-123 herein, shall prepare and submit to the Department of Public Works an Erosion and Sediment Control Plan, prepared in accordance with this section, indicating the type, magnitude and location of the activity, anticipated conservation problems and proposed methods of ensuring compliance with this article. The above provision notwithstanding, any person proposing to undertake any land-disturbing activity associated with the construction of a single-family detached residence which is subject to the terms of this article shall comply with the plan submission and permitting provisions of Section 13-129 herein.

 

(b) The plan required by this article shall be prepared by a certified professional engineer or land surveyor duly licensed by the Commonwealth and shall be developed in accordance with the Virginia Erosion and Sediment Control Law, Section 10.1-560 et seq. of the Code of Virginia of 1950, as amended, and the Virginia Sediment Control Regulations, VA 625-02-00.

 

(c) Any person proposing any land-disturbing activities for which a permit is required by this article is advised to submit to the agent, for informal review and comment, a preliminary plan showing the general extent and implications of such activities.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-129. Single-family detached residences.

 

(a) Single-family detached residential construction which will result in the disturbance of two thousand five hundred (2,500) square feet or more of land shall comply with the standard erosion control plans and requirements for single-family detached residential construction as may be developed by the agent. Any requests for significant deviation from and/or amendments to the standard erosion control plans and requirements for single-family detached construction as may be developed by the agent shall require compliance with the terms of section 13-128 herein. The construction of permanent roads or driveways shall be included in the total disturbed area.

 

(b) No permit for land-disturbing activities associated with the preparation of a single-family detached residence shall be issued until the applicant has executed a performance agreement agreeing to comply with the approved erosion control plan.

 

(c) Building permits for any single-family detached residential construction required to obtain a land-disturbing activity permit under the provisions of this article shall not be issued until the Codes Compliance Department has conducted an initial erosion and sediment control inspection, found such project to be in compliance with the objectives of the approved erosion and sediment control plan, determined that all necessary erosion and sediment control measures have been properly installed, and issued an initial erosion and sediment control inspection approval notice.

 

(d) Upon completion of a land-disturbing activity in accordance with the approved plan and adequate stabilization of all areas disturbed by the land-disturbing activity, the person to whom the permit was issued under this article shall request a final erosion and sediment control inspection of the project by the department of building codes and compliance. Upon finding satisfactory evidence of compliance with the approved plan and adequate stabilization of all areas disturbed by the land-disturbing activity, the department of building codes and compliance shall issue a certificate of completion.

(Ord. No. 1037, 2-26-92; Ord. No. 1098, 8-11-93)

 

Sec. 13-130. Plan review and inspection fee.

 

A plan review and inspection fee of one hundred dollars ($100.00) for projects involving one (1) acre or less, plus ten dollars ($10.00) per acre of land or part thereof in excess of one (1) acre shall be paid at the time of filing an erosion and sediment control plan; provided, however, no fee shall exceed one thousand dollars ($1,000.00). The plan review and inspection fee for land-disturbing activities associated with the construction of a single-family detached residence, subject to the terms of this article, shall be included in the building permit fee.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-131. Approval or disapproval of plan.

 

(a) Following receipt of a plan submitted under this article, the agent shall initiate a review of the proposed land-disturbing activity for compliance with the guidelines and standards prescribed in section 13-124. Within forty-five (45) days, the agent shall approve or disapprove the plan in writing. If no formal action has been taken by the agent in forty-five (45) days after receipt of the plan, the plan shall be deemed approved.

 

(b) In the case of disapproval of the plan, the applicant shall be notified in writing of the disapproval and the reasons therefor and conditions that would be required for approval.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-132. Appeals from decisions under article.

 

Final decisions of the agent under this article shall be subject to review by the circuit court of the city, provided an appeal is filed within thirty (30) days from the date of any written decision.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-133. Amendment of approved plan.

 

A plan approved under this article may be changed in the following cases:

 

(1) By the agent where inspection has revealed the inadequacy of the plan to satisfy applicable regulations; or

 

(2) Where the person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the agent and the person responsible for carrying out the plan.

State Law References: Code of Virginia, 10.1-563.

 

Sec. 13-134. Issuance and term of permit.

 

In the case of approval of a plan submitted under this article, the agent shall issue a permit certifying approval of the activity. The permit shall be valid for a period of one (1) year from the date of issuance. It may be extended for additional periods by written approval of the agent, upon receipt of evidence of reasonable progress toward completion of the approved project and compliance with all conditions of approval.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-135. Final inspection of, and certification of completion for, land-disturbing activity.

 

Upon completion and final stabilization of a land-disturbing activity the permittee shall notify the agent who shall make a final inspection of the project. Upon finding satisfactory evidence of compliance with the approved plans, the agent shall issue a certificate of completion.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-136. Agent designated for administration and enforcement of article.

 

The department of public works shall be the agent for the approval and disapproval of erosion and sediment controls plans pertaining to subdivisions, as required under this article. The department of building codes and compliance shall be the agent for the approval and disapproval of erosion and sediment control plans pertaining to site plans and single-family dwellings, as required under this article. The departments shall jointly administer and enforce the provisions of this article. The agents are authorized to and shall make such inspections as may be necessary to ensure compliance with the terms of this article, and any conditions of approval for specific projects, and are authorized to take such steps as are provided by this article, and as may be necessary, to ensure compliance with its terms.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-137. Periodic inspections of land-disturbing activities.

 

The agent shall make such periodic inspections of land-disturbing activities as may be necessary to ensure compliance with approved plans and to determine whether the measures required in the plans are effective in controlling erosion and sediment resulting from the land-disturbing activity. The agent shall also require that an individual holding a certificate of competence, as provided by Code of Virginia, 10.1-561, will be in charge of and responsible for carrying out the land disturbing activity. The right of inspection shall be inherent in the issuance of the permit under this article. The owner, occupier or operator shall be given an opportunity to accompany the agent on his inspections.

(Ord. No. 1037, 2-26-92)

State Law References: Code of Virginia, 10.1-566.

 

Sec. 13-138. Notice of violations.

 

(a) The agent, upon determination of a failure to comply with a plan or a violation of this article, shall immediately serve upon the person to whom the permit was issued under this article, by registered or certified mail to the address specified by the permittee in his permit application, or by delivery at the site of the land-disturbing activity to the employee supervising such activity, a notice to comply. Such notice shall set forth the measures needed to comply and shall specify the time within which such measures shall be completed. If the permittee fails to comply within the time specified, he may be subject to revocation of the permit and he shall be deemed to be in violation of this article.

 

(b) Upon receipt of a sworn complaint of a substantial violation of this article, the agent may, in conjunction with or subsequent to a notice to comply as specified in this article, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in this article. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for seven (7) days from the date of service, pending application by the agent or alleged violator for appropriate relief to the circuit court. Upon completion of corrective action, the order shall be immediately lifted. Nothing in this section shall prevent the agent from taking any other action specified in this article.

 

(c) This section shall not apply to violations of section 13-139.

 

(d) Revoked land-disturbing activity permits shall not be reinstated. New permits, including all fees and sureties required in this article, must be obtained from the agent prior to resuming any site work.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-139. Damaging, removing, etc., erosion-prevention bags.

 

It shall be unlawful for any person to willfully and maliciously destroy, cut, remove, injure or interfere or tamper with any sand bag or erosion bag, public or private, without the consent of the owner, which such device is in place for the prevention of erosion. A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 1037, 2-26-92)

 

 

 

Sec. 13-140. Violations, or exceeding scope of approval.

 

(a) Any person who engages in or causes any regulated land-disturbing activity, without first receiving approval and a permit for such activity as prescribed by this article, shall be in violation of this article.

 

(b) Any person who violates or causes to be violated any condition of approval of a plan under this article or who exceeds the scope of approval of any such plan shall be in violation of this article.

(Ord. No. 1037, 2-26-92)

 

Sec. 13-141. Penalties, injunctions and other legal actions.

 

(a) Violators of this article shall be guilty of a misdemeanor and subject to a fine not to exceed one thousand dollars ($1,000.00) or thirty (30) days imprisonment for each violation, or both. Each day the violation continues constitutes a separate offense.

 

(b) The city may apply to the circuit court of the city for injunctive relief to enjoin a violation or a threatened violation of the terms of this article, without the necessity of showing that there does not exist an adequate remedy at law.

 

(c) In addition to any criminal penalties provided under this article, any person who violates any provision of this article may be liable to the city in a civil action for damages.

 

(d) Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000.00) for each violation.

 

(e) With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this article, the city may require the payment of civil charges for violations in specific sums, not to exceed the limit specified in (4) above. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under (4) above.

 

(f) The city attorney shall, upon request of the city, take legal action to enforce the provisions of this article.

 

(g) Compliance with the provisions of this article shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages.

(Ord. No. 1037, 2-26-92)

 

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council