Legislation # 15-0008 Enactment Number 15-0003
Type Ordinance - Coded Effective Date 1/14/2015
Introduction Date 1/14/2015
Title Ordinance to Amend and Reenact Chapter 13.1 of the City Code of the City of Hampton, Virginia Entitled “Land Disturbing Operations,” by Amending Section 13.1-3, Exemptions from Chapter; Section 13.1-6, Permit and Application Fee; and Section 13.1-12, Single Family Detached Residences, to Increase the Land Disturbing Threshold to the Allowable State Limit Set Forth in Virginia Code §§ 62.1-44.15:51 through 62.1-44.15:66 and to be Consistent with the Exemptions as Set Forth Therein
 
Legislation History 15-0008
DateNotice Of ActionDescription
2/5/2015 Enactment Number 15-0003
1/14/2015 Approved
1/14/2015 Presented by Veronica Meade, Senior Assistant City Attorney.
1/5/2015 Received By Clerk's Office
 
View Attachments 15-0008
FileTypeSizeDescription
Revised Ordinance to Amend and Reenact Chapter 13.doc Advertisement 60K Ordinance-redline
SWM & LD 1-14-2015 PowerPoint.ppt Power Point Presentation 1009K Presentation
 
Legislation Text 15-0008

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0008

 

Enactment Number: -

 

Ordinance to Amend and Reenact Chapter 13.1 of the City Code of the City of Hampton, Virginia Entitled Land Disturbing Operations, by Amending Section 13.1-3, Exemptions from Chapter; Section 13.1-6, Permit and Application Fee; and Section 13.1-12, Single Family Detached Residences, to Increase the Land Disturbing Threshold to the Allowable State Limit Set Forth in Virginia Code 62.1-44.15:51 through 62.1-44.15:66 and to be Consistent with the Exemptions as Set Forth Therein

 

BE IT ORDAINED by the Council of the City of Hampton, Virginia, that Chapter 13.1 of the Code of the City of Hampton, Virginia entitled Land Disturbing Operations be amended and re-enacted as follows:

Chapter 13.1 - LAND DISTURBING OPERATIONS

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

.

Sec. 13.1-3. - Exemptions from chapter.

 

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

(1) Minor land-disturbing activities such 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 the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;

(4) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;

(5) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1 of the Va. Code;

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

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

(8) 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 provisions of the Dam Safety Act (Va. Code 10.1-604, et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;

(9) Disturbed land areas of less than 10,000 square feet in size or less than 2,500 square feet of land area within a Chesapeake Bay preservation district as set forth in the city zoning ordinance;

(10) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

(11) Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto; and

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

 

ARTICLE II. - PERMIT AND INSPECTION PROCESS

.

Sec. 13.1-6. - Permit application and fee.

.

(b) Applicant shall pay a non-refundable fee according to the following schedule. Fees are based on the acreage associated with the disturbed area and shall be levied to cover the costs of processing and investigating the application for and the inspection of the land-disturbing activity as defined herein.


 

 

 

Area of Disturbance

City Land Disturbance Fee

State Construction General Permit Fee (under stormwater management ordinance)

 

Total Permit Fee

Less than 10,000 square feet outside of the Chesapeake Bay Preservation District:

$0.00

$0.00

$0.00

Less than 2,500 square feet within the Chesapeake Bay Preservation District:

$0.00

$0.00

 

$0.00

Single family residential structure separately built-10,000 square feet but less than 5 acres:

$209.00

$0.00

$209.00

10,000 square feet-but less than 0.50 acre:

$225.00

$0.00

$225.00

0.50 acre-but less than 0.75 acre:

$275.00

$0.00

$275.00

0.75 acre-but less than 1.0 acre:

$219.00

$0.00

$300.00

1.0 acre-but less than 5.0 acres:

$1,944.00

$756.00

$2,700.00

5.0 acres-but less than 10.0 acres:

$2,448.00

$952.00

$3,400.00

10.0 acres-but less than 50.0 acres:

$3,240.00

$1,260.00

$4,500.00

50.0 acres-but less than 100.0 acres:

$4,392.00

$1,708.00

$6,100.00

100.0 acres or greater:

$6,912.00

$2,688.00

$9,600.00

 

Sec. 13.1-12. - Single-family detached residences.

 

(a) Single-family detached residential construction which will result in the disturbance of 10,000 square feet or more of land may substitute an agreement in lieu of a land disturbing plan.

.

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

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council