Legislation # 14-0248 Enactment Number 14-0009
Type Ordinance - Coded Effective Date none
Introduction Date 6/11/2014
Title Ordinance to Amend and Reenact Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management Ordinance,” by Amending Section 33.2-4, Definitions; Section 33.2-8, Exemptions; and Section 33.2-13, Technical Criteria for Regulated Land-Disturbing Activities
 
Legislation History 14-0248
DateNotice Of ActionDescription
7/17/2014 Enactment Number 14-0009
6/11/2014 Approved - items 1 through 8 and 12 through 17 on the consent agenda.
6/2/2014 Received By Clerk's Office
 
View Attachments 14-0248
FileTypeSizeDescription
Redline 33.2.doc Other 57K Redline 33.2
 
Legislation Text 14-0248

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 14-0248

 

Enactment Number: 14-0009

 

Ordinance to Amend and Reenact Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled Stormwater Management Ordinance, by Amending Section 33.2-4, Definitions; Section 33.2-8, Exemptions; and Section 33.2-13, Technical Criteria for Regulated Land-Disturbing Activities

 

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

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Sec. 33.2-4. Definitions.

Chesapeake Bay Preservation Act land-disturbing activity. A land-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal to or greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830) adopted pursuant to the Chesapeake Bay Preservation Act.

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Sec. 33.2-8. Exemptions.

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

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

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

(11) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1;

(12) Land-disturbing activities that disturb less than one acre of land area except for land-disturbing activity exceeding an area of 2,500 square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations adopted pursuant to the provisions of the Chesapeake Bay Preservation Act ( 62.1-44.15:67, et seq.) or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance; however, Council may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply; and

(13) Discharges to a sanitary sewer or a combined sewer system.

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(c) A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be subject to coverage under the Virginia Stormwater Management Program General Permit for Discharges of Stormwater from Construction Activities until July 1, 2014, at which time it shall no longer be considered a small construction activity but then shall be regulated under the requirements of this article.

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Sec. 33.2-13. Technical criteria for regulated land-disturbing activities.

(b) Any land-disturbing activity shall be considered grandfathered by the city and shall be subject to the Part II C (9VAC25-870-93, et seq.) technical criteria of this chapter provided:

(1) Any proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the city to be equivalent thereto (i) was approved by the city prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-870-10, (iii) will comply with the Part II C technical criteria of the regulations, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff;

(2) A state permit has not been issued prior to July 1, 2014; and

(3) Land disturbance did not commence prior to July 1, 2014.

(c) City, state, and federal projects shall be considered grandfathered by the city and shall be subject to the Part II C technical criteria of the regulations provided:

(1) There has been an obligation of city, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012;

(2) A state permit has not been issued prior to July 1, 2014; and

(3) Land disturbance did not commence prior to July 1, 2014.

(d) Land-disturbing activities grandfathered under subsections (b) and (c) of this section shall remain subject to the Part II C technical criteria of the regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Water Control Board.

(e) In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C of the regulations.

(f) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on June 11, 2014.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council