City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 08-0004
AN ORDINANCE TO AMEND CHAPTER 33.1,
OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED STORMWATER MANAGEMENT
SECTIONS 33.1-4, 33.1-7, 33.1-8.1 AND 33.1-9.
References: Building and development regulations, Ch. 9; excavating,
filling and similar operations, Ch. 13; sewers and sewage disposal, Ch. 30;
water supply, Ch. 39.
Sec. 33.1-4. Definitions.
specifically defined below, words or phrases shall be interpreted so as to give
them the meaning they have in common usage and to give this chapter its most
(1) Adverse impacts are any modifications,
alterations or effects on a feature or characteristic of community waters or
wetlands, including their quality, quantity, hydrodynamics, surface area,
species composition, living resources, aesthetics or usefulness for human or
natural uses which are or may potentially be harmful or injurious to human
health, welfare, safety or property, to biological productivity, diversity or
stability or which unreasonably interfere with the enjoyment of life or
property, including outdoor recreation. The term includes secondary and
cumulative as well as direct impacts.
(2) Best management practices (BMPs) means a
practice, or a combination of practices, that is determined by a state, city or
designated area-wide planning agency to be the most effective, practical means
of preventing or reducing the amount of pollution generated by nonpoint sources
to a level compatible with water quality goals.
(3) Chesapeake Bay Preservation District (SPI-CBPD)
means any land so 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 Section 10.1-2109 of the Code of Virginia 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.
(4) Clearing means the removal of vegetative
ground cover, including, but not limited to the removal of root mat or topsoil.
Clearing does not include the ordinary mowing of grass.
(5) Coastal Barrier Resources System
means an area comprised of undeveloped barrier islands and associated wetlands
as designated under the Coastal Barrier Resources Act, 16 U.S.C.A. 3505.
(6) Detention means the
collection and storage of surface water for subsequent gradual discharge.
(7) Developable area means area that is not
constrained by wetlands, or other site limitations. However, the lack of
availability of water or other utilities shall not be considered a site
limitation, for purposes of assessing a stormwater utility charge.
(8) Developed nonresidential property means
developed property which does not serve a primary purpose of providing
permanent dwelling units. Such property shall include, but not be limited to
commercial, industrial, educational, civic, religious, cultural and
recreational properties, parking lots, hotels and offices. For the purposes of
this article, this definition shall also include developed property on which is
located apartments or mobile home facilities containing more than four (4)
residential or dwelling units.
(9) Developed property means a
parcel of real property that has been altered in whole or in part from its
natural state by the addition of improvements, such as buildings, structures,
paving and/or other impervious surfaces, if the total square footage of such
impervious surface exceeds five hundred (500) square feet.
(10) Developed residential property means a
developed lot or parcel containing at least one but no more than four (4)
residences or dwelling units, and accessory uses related to, but subordinate
to, the purpose of providing permanent dwelling facilities. Such property
shall include houses, duplexes, triplexes, quadriplexes and mobile homes. For
the purposes of this article, each townhouse located on a separate lot shall be
considered as a developed residential property and each condominium, although
it is not on a separate lot, will also be considered as a developed residential
(11) Developer means any person who engages in
development either as the owner or as the agent of an owner of property.
(12) Development activity means:
a. The construction,
installation, alteration, demolition or removal of a structure, impervious
surface or drainage facility, best management practices facilities, buffer
b. Clearing, scraping,
grubbing or otherwise removing or killing the vegetation of a site; or
c. Adding, removing,
exposing, excavating, leveling, grading, digging, burrowing, dumping, piling,
dredging or otherwise significantly disturbing the soil, mud or sand of a site.
(13) Director means the Director of the Department
of Public Works or his designee.
(14) Drainage facility means any man-made or
man-altered component of the drainage system.
(15) Drainage system means the system through
which water flows from the land. It includes all watercourses (both intermittent
and perennial), water bodies and wetlands.
(16) Dwelling unit means a single housing unit,
mobile home, townhouse, or condominium providing complete, independent living
facilities for one or more persons, including provisions for living, sleeping,
eating, cooking and sanitation.
(17) Equivalent residential unit (ERU) means
the equivalent impervious area of the developed residential property class per
dwelling unit located within the city based on the statistical average
horizontal impervious area of developed residential property in the city. One
ERU shall equal two thousand four hundred twenty-nine (2,429) square feet of
impervious surface area.
(18) Erosion means the wearing or washing away of
soil by the action of wind or water.
(19) Erosion and sediment control plan
means a document providing for the conservation of soil and water resources, as
required by the erosion and sediment control ordinance.
(20) ERU rate means the service charge fee
charged for one ERU, as established in this article.
(21) Filling means any depositing or stockpiling
of earth materials.
(22) Flood means
is a temporary rise in the level of any water body,
watercourse or wetlands which results in the inundation of areas not ordinarily
covered by water.
(23) Grading means any excavating, filling,
leveling or sloping of earth materials, or any combination thereof, including
the land in its excavated, filled, leveled or sloped condition.
(24) Impervious surface means a surface compacted
or covered with a layer of material so that it is highly resistant to
infiltration by water. It includes semi-impervious surfaces such as compacted
clay, as well as most conventionally surfaced streets, roads, sidewalks,
parking lots, and other similar surfaces. Other surfaces such as gravel, dirt,
or a mixture thereof, that are regularly used for vehicular access, parking or
storage shall also be considered impervious, if there is inadequate vegetative
cover to affect the rate of stormwater infiltration.
(25) Manual of stormwater management practices means
to the guidance, specifications and techniques made available to the public as
required by section 33.1-10 of this chapter.
(26) Natural systems means systems which
predominantly consist of or use those communities of plants, animals, bacteria
and other flora and fauna which occur indigenously on the land, in the soil, or
in the water.
(27) Non-point source pollution means pollution
whose sources cannot be pinpointed but rather is washed from the land surface
in a diffuse manner by stormwater runoff.
(28) Nontidal wetlands means those wetlands other
than tidal wetlands that are inundated or saturated by surface or groundwater
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 U.S. Army Corps of Engineers, pursuant to enforcement of Section
404 of the Federal Clean Water Act in 33 CFR 328.3b.
(29) Owner means the person in whom is vested the
fee ownership, dominion or title of property, i.e., the proprietor. This term
may also include a tenant, if chargeable under his lease for the maintenance of
the property, and any agent of the owner or tenant including a developer.
(30) Person means 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.
(31) Predevelopment conditions means the
conditions that exist at the time that plans for the land development of a
tract of land are approved by the plan approval authority. Where phased
development or plan approval occurs (preliminary grading, roads and utilities,
etc.), the existing conditions at the time prior to the first item being
approved or permitted shall establish predevelopment conditions.
(32) Receiving bodies of water means any water
bodies, watercourses or wetlands into which surface waters flow either
naturally in man-made ditches or in a closed conduit system.
(33) Resource management area (RMA) means that
component of the Chesapeake Bay Preservation District that is not classified as
resource protection areas. The RMA is comprised of land that is contiguous to
the variable width RPA buffer for a distance of one hundred (100) feet in the
(34) Resource protection area (RPA) means 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) nontidal wetlands connected by surface flow and contiguous to
tidal wetlands or water bodies with perennial flow; (iii) tidal shores; and,
(iv) a variable width buffer area not less than one hundred (100) feet in width.
The variable width buffer area shall be located adjacent to and landward
of the components listed in (i) through (iii) above, and along both sides of
any water body with perennial flow. The variable width buffer shall also
include lands designated as part of the Coastal Barrier Resources System not
otherwise listed as a Resource Protection Area Feature where present. The buffer
area shall be designated as the landward component of the RPA not withstanding
the presence of permitted uses, encroachments, and permitted vegetation
clearing in compliance with Chapter 17.3, Article X, of the Hampton City Zoning
(35) Review committee means that 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.
(36) Retention means the collection and storage
of runoff without subsequent discharge to surface waters.
(37) Sediment means fine particulate material,
whether mineral or organic, that is in suspension or has settled in a water
(38) Sedimentation facility means any structure
or area designed to hold runoff water until suspended sediments have settled.
(39) Service charge means the user fee based upon the
ERU rate applied to the developed residential property and developed
(40) Site means any tract, lot or parcel of land
or combination of tracts, lots or parcels of land which are in one (1)
ownership or are contiguous and in diverse ownership where development is to be
performed as part of a unit, subdivision or project.
(41) Storm Sewer System or Stormwater system
means all facilities, structures and natural watercourses used for collecting
and conveying stormwater to, through and from drainage areas to the point of
final outlet, including, but not limited to, the following: streets, curbs and
gutters, inlets, conduits and appurtenant features, canals, creeks, channels,
catch basins, ditches, drains, sewers, streams, gulches, gullies, flumes,
culverts, siphons, retention or detention basins, dams, floodwalls, levees,
pumping stations and wetlands.
(42) Stormwater means precipitation
that is discharged across the land surface or through conveyances to one or
more waterways and that may include storm water runoff, snow melt runoff, and
surface runoff and drainage.
(43) Stormwater management revenues or
revenues means all rates, service charges, fees, assessments, rentals, other
charges or other income received, including amounts received from the
investment or deposits of money in any fund or account and any amounts distributed
by the city council from general revenues of the city.
(44) Stormwater management system or
system means the stormwater management infrastructure and equipment of the city
and all improvements thereto. Infrastructure and equipment shall include
structural and natural stormwater control facilities of all types, including,
without limitation, retention and detention basins, open ditches, canals,
creeks, conduits, pumping stations, and other plants, structures, and real and
personal property used for support of the system.
(45) Structure means an edifice or building of
any kind or any piece of work artificially built up or composed of parts joined
together in some definite manner.
(46) Subdivide means to divide 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.
(47) Tidal wetlands means 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.
(48) Undeveloped property means any parcel that has
not been altered from its natural state in such a manner that the topography or
soils on the property have been disturbed or altered to the extent that the
rate of surface infiltrating or stormwater has been affected.
(49) Watershed means a drainage area or drainage
basin contributing to the flow of water in a receiving body of water.
(Ord. No. 994, 12-12-90; Ord.
No. 1098, 8-11-93; Ord. No. 1185, 5-28-97; Ord. No. 1373, 5-12-04)
Sec. 33.1-7. Water quality
and intent. The purpose of the water quality impact assessment is to:
(1) Identify the impacts of proposed development on
water quality and other environmentally-sensitive lands;
(2) Ensure that, where development does take place
within sensitive lands, it will be located on those portions of a site in a
manner that will be least disruptive to the natural functions of sensitive
(3) To protect individuals from investing funds for improvements
proposed for location on lands unsuited for such development because of high
ground water, erosion, or vulnerability to flood and storm damage; and
(4) Specify mitigation which will address water
quality impact assessment required. A water quality impact assessment is
required for any proposed development disturbing over twenty-five hundred
(2,500) square feet, except those uses exempt from the stormwater management
requirements. A water quality impact assessment is required for any land
disturbance in the RPA. There shall be two (2) levels of water quality impact
assessments: a minor assessment and a major assessment.
water quality impact assessment. A minor water quality impact assessment
will be required for development which causes from twenty-five hundred (2,500)
to ten thousand (10,000) square feet of land disturbance, or for any
development within RPAs which causes up to twenty-five hundred (2,500) square
feet of land disturbance. A minor assessment must demonstrate through
acceptable calculations that the best management practices will result in
meeting a "no net increase" in pollution loading goal for new
development, or a ten (10) percent reduction in pollution loadings for redevelopment
within SPI-CBPD. A minor assessment shall include a site drawing to scale, and
other documentation which shows the following:
(1) Location of the RMA as well as the location of the
components of the RPA, including the variable width buffer area, if applicable;
(2) Pre- and post-development pollutant loads in
(3) Type and location of proposed best management
practices to mitigate the pollution loading impact, and attain the pollutant
water quality impact assessment.
(1) A major water quality impact assessment shall be
required for any development which exceeds ten thousand (10,000) square feet of
land disturbance, or any development which exceeds twenty-five hundred (2,500)
square feet of land disturbance within the RPA.
(2) The information required in this section shall be
considered a minimum, unless the Director determines that some of the elements
are unnecessary due to the scope and nature of the proposed uses and
development of land.
(3) The following elements shall be included in the
preparation and submission of a major water quality assessment:
a. All of the
information required in a minor water quality impact assessment, as specified
in subsection (c) above;
hydrogeological element, to include, as required by the Director:
1. Existing topography, and
hydrology of the site and adjacent lands;
existing watercourses, water bodies, and wetlands on or adjacent to the site;
flow rate and volume of stormwater runoff under existing conditions;
4. Location of
areas on site where stormwater collects or percolates into the ground;
levels, including seasonal fluctuations;
6. Location of
floodplain and vegetation;
of the proposed development on topography and hydrology on the site and
or destruction of wetlands and RPA features and justification for such action;
or reductions in the supply of water to wetlands, streams, lakes, rivers or
other water bodies. This may include, but is not limited to changes in the
incidence or duration of flooding on the site and upstream and downstream from
to existing hydrology including wetland and stream circulation patterns;
11. Source location
and description of proposed fill material;
of dredge material and location of dumping area for such material;
13. Location of and
impacts on shellfish beds, submerged aquatic vegetation, and fish spawning
14. Estimation of
pre- and post-development pollutant loads in runoff and supporting
documentation of all utilized coefficients and calculations;
15. Estimation of
percent increase in impervious surface on site and type(s) of surfacing
16. Changes in
17. Percent of site
to be cleared for project and areas where vegetation will be cleared or
direction, flow rate, volume, and quality of stormwater that will be conveyed
from the site, with a comparison to the predevelopment conditions;
19. Detention and
retention areas, including plans for the discharge of contained waters, maintenance
plans and prediction of water quality in those areas;
anticipated duration and phasing schedule of construction project;
21. Plan for the
control of erosion and sedimentation which describes in detail the type and
location of control measures, the stage of development at which they will be
put into place or used, and provisions for their maintenance. Such a plan shall
be filed in accordance with the provisions of the erosion and sediment control
22. Verification of
structural soundness of stormwater management facilities, including
professional engineer or class III B surveyor certification;
23. Plan to establish
a long term schedule for inspection and maintenance of stormwater management
facilities that include all maintenance requirements and persons responsible
for performing maintenance. If the designated maintenance responsibility is
with a party other than the City of Hampton, then a maintenance agreement shall
be executed between the responsible party and the city;
24. Any other
information which the developer or the Director believe is reasonably necessary
for an evaluation of the proposed development;
25. Listing of all
requisite permits from all applicable agencies necessary to develop project.
mitigation measures for the potential hydrogeological impacts. Potential
mitigation measures include:
erosion and sediment control concepts, which may include minimizing the extent
of the cleared area, perimeter controls, reduction of runoff velocities, and
measures to stabilize disturbed areas;
stormwater management system;
of wetlands to replace those lost;
cut and fill.
and review requirements; water quality impact assessment.
(1) Copies of all site drawings and other applicable
information as required by subsections (c) and (d) above shall be submitted to
the Director for review.
(2) All information required in this section shall be
certified as complete and accurate by a professional engineer or a certified
(3) A water quality impact assessment shall be
prepared and submitted to, and reviewed by, the Director in conjunction with
the preliminary site plan or subdivision improvement plan, or in conjunction
with a request for building permit or zoning permit if no site plan or
subdivision plan is required.
(4) Any request for encroachment within the RPA shall
be accompanied by a water quality impact assessment.
(5) As part of any major water quality impact
assessment submittal for property within SPI-CBPD, the Director may require
review by the Department of Conservation and Recreation, Chesapeake Bay Local
Assistance Division (CBLAD). Upon receipt of such a major water quality impact
assessment, the Director may request CBLAD to review the assessment and respond
with written comments. Any comments by CBLAD may be incorporated into the final
review by the Director provided that such comments are provided by CBLAD within
sixty (60) days of the request.
procedure. The evaluation procedure sets forth the criteria the Director
will use in evaluating the water quality impacts of proposed development. This
evaluation will allow the Director to determine the consistency of the proposed
development project with the stormwater management provisions of the Chesapeake
Bay Preservation Act (Code of Virginia, 10.1-2100 et seq.). Inconsistent
proposals can be modified so that the impacts are minimized or the mitigation
measures are enhanced.
(1) Upon the completed review of a minor water quality
impact assessment, the review committee will determine if any proposed
modification of or encroachment into the buffer area is consistent with the
provisions of all applicable city ordinances and make a finding based upon the
a. The necessity of the
proposed encroachment and the ability to place improvements elsewhere on the
site to avoid disturbance of the buffer area;
b. Impervious surface is
c. Proposed best management
practices, where required, achieve the requisite reductions in pollutant
d. The development, as
proposed, meets the purpose and intent of this chapter; and
e. The cumulative impact of
the proposed development, when considered in relation to other development in
the vicinity, both existing and proposed, will not result in a significant
degradation of water quality.
(2) Upon the completed review of a major water quality
impact assessment, the Director will determine if the proposed development is
consistent with the purpose and intent of this chapter and make a finding based
upon the following criteria in conjunction with the preliminary site plan
review, subdivision improvement plan review or construction plan review:
a. Within any RPA, the proposed
development is a permitted use pursuant to Section 17.3-64 Part 2b of the
Hampton City Zoning Ordinance;
b. The disturbance of the
components of the RPA will be minimized;
c. The development will not
result in significant disruption of the hydrology of the site;
d. The development will not
result in significant degradation to aquatic vegetation or life;
e. The development will not
result in unnecessary destruction of plant materials on site;
f. Proposed erosion and
sediment control concepts are adequate to achieve the reductions in runoff and
prevent off-site sedimentation;
g. Proposed stormwater
management concepts are adequate to control the stormwater runoff to achieve
the required standard for pollutant control;
h. Proposed revegetation of
disturbed areas will provide optimum erosion and sediment control benefits;
i. The design and location
of any proposed drainfield will be in accordance with the performance standards
of this chapter;
j. The development, as
proposed, is consistent with the purpose and intent of the Chesapeake Bay
Preservation Act (Code of Virginia, 10.1-2100 et seq.); the Virginia
Stormwater Management Act (Code of Virginia, 10.1-603.2 et seq.) and the
Federal Clean Water Act; and
k. The cumulative impact of
the proposed development, when considered in relation to other development in
the vicinity, both existing and proposed, will not result in a significant
degradation of water quality.
(3) The Director shall require additional mitigation
where potential impacts have not been adequately addressed. Evaluation of
mitigation measures will be made by the Director based on the criteria listed
above in subsections (1) and (2).
(4) The Director shall find the proposal to be
inconsistent with the purpose and intent of this article when the impacts
created by the proposal cannot be mitigated. Evaluation of the impacts will be
made by the Director based on the criteria listed in subsections (1) and (2).
(Ord. No. 994, 12-12-90; Ord.
No. 1098, 8-11-93; Ord. No. 1373, 5-12-04)
Sec. 33.1-9. Stormwater
management performance standards.
and intent. The following performance standards establish the means to
minimize erosion and sedimentation potential, reduce land application of
nutrients and toxics, and maximize rainwater infiltration. Natural ground
cover, especially woody vegetation, is most effective in holding soil in place
and preventing erosion. Indigenous vegetation, with its adaptability to local
conditions without the use of harmful fertilizers or pesticides, filters
stormwater runoff. Minimizing impervious cover enhances rainwater infiltration
and effectively reduces stormwater runoff potential. The purpose and intent of
these requirements are also to implement the following objectives: prevent a
net increase in non-point source pollution from new development; achieve a ten
(10) percent reduction in non-point source pollution from redevelopment within
the SPI-CBPD; and achieve a forty (40) percent reduction in non-point source
pollution from agricultural uses. These criteria are for use by the City of Hampton in granting, denying, or modifying requests to rezone, subdivide, or to use and
performance standards for development and redevelopment.
(1) Land disturbance shall be limited to the area
necessary to provide for the proposed use or development.
a. The limits of land
disturbance, including clearing or grading, shall be clearly shown on submitted
plans and physically marked on the development site. No construction activity
shall occur outside those limits.
b. During construction,
ingress and egress to the site shall be the minimum necessary. For construction
in the RPA, ingress and egress shall be limited to one (1) access point, unless
otherwise approved by the Director.
(2) Indigenous vegetation shall be preserved to the
maximum extent practicable consistent with the proposed use or development and
in accordance with the "Virginia Erosion and Sediment Control
a. Existing healthy trees
exhibiting a minimum trunk diameter of six (6) inches, measured four and
one-half (4 1/2) feet from the ground, shall be preserved outside the limits of
b. Clearing outside the
construction footprint shall be allowed only to provide necessary access,
positive site drainage, water quality BMPs, and the installation of utilities,
as approved by the Director.
c. Prior to clearing or
grading, suitable tree protective measures, as outlined in the site plan and
subdivision ordinances, shall be followed.
(3) Land development shall minimize impervious cover
to promote infiltration of stormwater into the ground consistent with the
proposed use or development. Grid and modular pavements which promote
infiltration are encouraged for any required parking area, alley, or other low
(4) For any development or redevelopment, stormwater
management criteria consistent with the water quality protection provision (4
VAC 3-20-71 et seq.) of the Virginia Stormwater Management Regulations (4 VAC
3-20) shall be satisfied. Stormwater runoff shall be controlled by the use of
best management practices (BMPs) that achieve the following:
a. For new development, the
post-development nonpoint source pollution runoff load shall not exceed the
pre-development load. Pre-development load shall be the average phosphorus
loading of Hampton's Chesapeake Bay Watershed, eighty-five one hundredths
(0.85) pounds per acre per year, based upon an average impervious cover of
thirty-four (34) percent.
b. For sites within IDAs or
other redevelopment sites, the predevelopment nonpoint source pollution load
shall be reduced by at least ten (10) percent. The Director may waive or modify
this requirement for redevelopment sites that originally incorporated best
management practices for stormwater runoff quality control, provided the
following provisions are satisfied:
no case may the post-development non-point source pollution runoff load exceed
the pre-development load;
pollution loads must have been calculated and the BMPs selected for the
expressed purpose of controlling nonpoint source pollution; and
best management practices are structural, evidence shall be provided that
facilities are currently in good working order and performing at the design
levels of service. The Director may require a review of both the original
structural design and maintenance plans to verify this provision. A new
maintenance agreement may be required to ensure compliance with this chapter.
c. BMPs that are implemented
to control stormwater runoff shall be maintained in accordance with the
maintenance requirements and procedures outlined in the Manual of Stormwater
Management Practice, City of Hampton (June 1991), and the standards pursuant
to the Virginia Stormwater Management Handbook. BMP maintenance agreements
shall be required for all BMPs implemented to control stormwater runoff.
(5) Ensure that after development, runoff from the
site approximates the rate of flow and timing that would have occurred
following the same rainfall had this development not occurred;
(6) Incorporate measures which ensure compliance with
the criteria for a ten-year design storm event;
(7) Maintain the existing natural hydrodynamic characteristics
of the watershed;
(8) Maintain the existing groundwater levels;
(9) Retain the beneficial functioning of wetlands as
areas for the natural storage of surface waters and the chemical reduction and
assimilation of pollutants. Care should be taken not to overload their
capacity, thereby harming the wetlands and transitional vegetation. Wetlands shall
not be damaged by the construction of detention ponds.
(10) Prevent increased flooding and damage that results
from improper location, construction and design of structures in areas which
are presently subject to an unacceptable danger of flooding;
(11) Channeling runoff directly into water bodies shall
be prohibited. Instead, runoff shall be routed through systems designed to
increase time of concentration, decrease velocity, increase infiltration, allow
suspended solids to settle and remove pollutants.
(12) Streambank erosion control shall be designed to
meet or exceed the minimum state stormwater management criteria (sections 10.1-603.2
et seq., Code of Virginia), which require runoff to be discharged into a
channel which can convey runoff from a two-year storm event without flooding or
(13) Wetlands, resource protection areas and water
bodies shall not be used as sediment traps during development.
(14) Erosion and sedimentation facilities shall receive
regular maintenance to ensure that they continue to function properly.
(15) Artificial watercourses shall be designed with
consideration given to soil type(s), so that the velocity of flow is low enough
to prevent erosion.
(16) Vegetated filter strips shall be created or, where
practicable, retained in their natural state along the banks of all
watercourses, water bodies, or other RPA features. The width of the filter,
used in conjunction with other stormwater management devices, shall be
sufficient to prevent erosion, filter pollutants, trap the sediment in runoff,
provide access to the water body and allow for periodic flooding without damage
(17) Detention and retention ponds shall be used to
detain and retain the increased and accelerated runoff which the development
generates. Water shall be released from detention ponds into watercourses or
wetlands at a rate and in a manner approximating the natural flow which would
have occurred before development.
(18) Detention and retention areas shall be designed so
that shorelines are winding rather than straight and so that the length of
shoreline is maximized, thus offering more space for growth of littoral
(19) The banks of detention and retention areas shall
slope at a maximum grade of three to one (3:1) to a minimum depth of six (6)
feet, as a safeguard against drowning, personal injury or other accidents, to
encourage the growth of vegetation and to allow the alternate flooding and exposure
of areas along the shore as water levels periodically rise and fall.
(20) The use of the natural drainage system and vegetated
buffer zones as open space and conservation areas shall be encouraged.
(21) All site specific stormwater management facilities
shall be designed for the ultimate development of contributing watersheds based
on zoning, the comprehensive plan, the erosion and sediment control plan,
capital improvement plan, and other similar documents.
(22) All engineering calculations must be performed in
accordance with procedures outlined in the Virginia Stormwater Management
Handbook, Virginia Erosion and Sediment Control Handbook, Virginia Department
of Transportation Drainage Manual and/or any other engineering methods deemed
appropriate by the Director.
(23) A one hundred-foot buffer area within the RPA shall
be deemed to achieve a seventy-five (75) percent reduction of sediments and a
forty (40) percent reduction of nutrients.
(24) Otherwise further the objectives of this chapter.
(Ord. No. 994, 12-12-90; Ord.
No. 1098, 8-11-93; Ord. No. 1373, 5-12-04)
the regular meeting of the City Council of the City of Hampton, Virginia held
Signed by ____________________________ Date
Ross A. Kearney, II, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council