Legislation # 07-0388 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 7/18/2007
Title AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, BY ADDING THERETO A CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS".
 
Legislation History 07-0388
DateNotice Of ActionDescription
8/15/2007 Approved
7/18/2007 Approved on First Reading
7/18/2007 Presented by Chuck Fleming, Senior Civil Engineer.
7/18/2007 Held Public Hearing - Robert Duckett, Public Affairs Director of the Peninsula Home Builders Association expressed his appreciation to City staff for working with his group.
7/2/2007 Received By Clerk's Office
 
View Attachments 07-0388
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Legislation Text 07-0388

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0388

 

Enactment Number: -

 

AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, BY ADDING THERETO A CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS".

 

 

Chapter 13.1 LAND DISTURBING OPERATIONS

__________

 

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


Sec. 13-.1-1. Definitions.

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

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

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 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 or intensely developed area, and 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. 

Department shall mean the Department of Public Works.

Director shall mean the director of the Department of Public Works or his designee.

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. 

Hazardous waste means a solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or

(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

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. 

Natural channel design concepts shall mean the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

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. 

Peak flow rate shall mean the maximum instantaneous flow from a given storm condition at a particular location.

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

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. 

Responsible Land Disturber means an individual holding a certificate of competence issued by the Department of Conservation and Recreation who will be in charge of and responsible for carrying out the land-disturbing activity in accordance with the approved plan. The Responsible Land Disturber may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The Responsible Land Disturber must be designated on the plan or permit as a prerequisite for plan approval by the City.

Runoff volume shall mean the volume of water than runs off the land development project from a prescribed storm event.

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 re-subdivision 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. 

Water quality volume shall mean the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project.

 

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


Sec. 13.1-2. Purpose of Chapter.

The purpose of this Chapter is to safeguard life, limb, property and the public health, safety, and welfare and 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. 672, 10-8-80; Code 1964, 16.1-1)


Sec. 13.1-3. Exemptions from Chapter.

In no instance shall the provisions of this Chapter 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 lines 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; 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 twenty-five hundred (2,500) square feet, except as provided in the Zoning Ordinance specifically including but not limited to Section 17.3-65 (1)-(7) and relevant zoning proffers.

(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 was 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, Chapter 8.1 ( 62.1-115.1 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.

(11)   Shore 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 ordinance.

(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 Chapter 11 (Section 10.1-1100 et seq.) of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of Sec. 10.1-1163;

(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, 21-89.3. See also, 21-89.6(e). 

Sec. 13.1-4. Relationship of Chapter to other ordinances and regulations.

This Chapter 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 Chapter imposes more restrictive standards than those of other city ordinances or regulations, the requirements of this Chapter shall have precedence.

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

 

ARTICLE II PERMIT AND INSPECTION PROCESS

(Ord. No. 1037, 2-26-92; Ord. No. 1372, 5-12-04)
Sec. 13.1-5. Permit required.

It shall be unlawful for any person to engage in any land disturbing activity, not exempt pursuant to Section 13.1-3 without first obtaining a permit for such activity from the Director. No permit to begin any work that requires a permit covered by this Chapter shall be issued and upon completion of the construction, no certificate of occupancy shall be issued until any delinquent real estate taxes and all erosion & sediment control fines 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. 13.1-6. Permit application and Fee

(a)   Application for a permit required by 13.1-5 shall be submitted to the Central Permit Office. 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. Four copies of a Land Disturbing Plan provided pursuant to Section 13.1-11 or Section 13.1-12 shall be submitted with the application.

(b) Applicant shall pay a fee according to the following schedule. The fee is 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 but is not returnable:

 

Less than 2,500 square feet out of the RPA:

No charge and no permit required

Less than 2,500 square feet in the RPA:

One hundred seventy five dollars ($175.00)

2,500but less than 0.25 acres:

One hundred seventy-five dollars ($175.00)

0.25 acres-but less than 0.50 acres:

Two hundred twenty-five dollars ($225.00)

0.50 acres-but less than 0.75 acres:

Two hundred seventy-five dollars ($275.00)

0.75 acres-but less than 1.0 acres: 

Three hundred dollars ($300.00). 

1.0 acres-but less than 1.25 acres: 

Three hundred twenty-five dollars ($325.00). 

1.25 acres-but less than 1.50 acres:

Three hundred fifty dollars ($350.00)

Greater than 1.50 acres:

Three hundred fifty dollars ($350.00) plus twenty-five dollars ($25.00) for every 0.25 acre in excess (or portion thereof) in excess.

An agreement in lieu of a plan:

Seventy-five dollars ($75.00).

The maximum fee charged shall be Five Thousand Dollars ($5,000.00).

 

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

 

Sec. 13.1-7. 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 Chapter by reference.

(b)   Land-disturbing activities controlled by this Chapter shall be designed and conducted in accordance with the Virginia Erosion and Sediment Control Regulations,

4 VA 50-30 the program administered by the Virginia Soil and Water Conservation Board pursuant to 10.1-560 through 10.1-571 of the Virginia Code, including regulations designed to minimize erosion and sedimentation.

(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.

 

Sec. 13.1-8. General requirements.

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

 

This section shall not apply to state agency projects except as provided for in Code of Virginia 10.1-564.

 

Where land-disturbing activities involve lands under the jurisdiction of more than one local control program a Land Disturbing Plan may, at the option of the applicant be submitted to the Soil and Water Conservation Board (SWCB) for review and approval rather than to each jurisdiction concerned. Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for a Land Disturbing Plan if executed by the plan-approving authority.

 

(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 Chapter may issue such required permit, unless a Land Disturbing Plan has been approved and a permit certifying such approval has been issued as provided in this Chapter. (Ord. No. 1037,2-26-92)

 

(c) Construction, installation or maintenance of electric and telephone utility lines and natural gas pipelines, and the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of railroad companies must be conducted pursuant to Code of Virginia, 10.1-563(D).

 

(d) As a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of a Responsible Land Disturber to the Director as provided by Code of Virginia, 10.1-563B, who will be in charge of and responsible for carrying out the land-disturbing activity in accordance with the approved plan. Failure to provide the name of the responsible land disturber may result in revocation of the approval of the plan and the person responsible for carrying out the plan and/or the responsible land disturber shall be subject to penalties as provided in this chapter.


Sec. 13.1-9. 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 Chapter, together with the required plan submissions, shall be the responsibility of a person owning the property.

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


Sec. 13.1-10. Responsibility and bond for control measures.

(a)   All control measures required by the provisions of this Chapter 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 Chapter, an installation and maintenance performance agreement and surety in favor of the City of Hampton pursuant to Section 13.1-16.

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

 

Sec. 13.1-11. Preparation of plan; preliminary plan.

(a)   Any person proposing to undertake any land-disturbing activity, other than those exempted by 13.1-3 herein, shall prepare and submit to the Central Permit Office a Land Disturbing Plan, prepared in accordance with the following criteria:

1)      The plan required by this Chapter 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, 10.1-560 et seq. of the Code of Virginia of 1950, as amended, and the Virginia Sediment Control Regulations, VA 625-02-00.

2)      The plan shall consist of a recent physical survey of the parcel(s)/lot(s) where the land disturbing activity is proposed drawn to a graphic scale and shall include:

i)        Property owner's name and address;

ii)       Deed book and page number of recorded deed;

iii)     Tax map number and parcel number to include the LRSN/RPC number;

iv)     Property lines with dimensions of property;

v)      Names of adjacent property owners;

vi)     Existing trees, watercourses and utilities;

vii)   Existing drainage culverts, septic tanks and septic fields;

viii)  Existing drainage patterns and elevations;

ix)     Date and signature of person preparing survey.

3)      The Land Disturbing Plan shall also include:

i)        Text and graphic information for purposes of clearly indicating the type, magnitude and location of the proposed activity to include but not be limited to the horizontal and vertical limits of any proposed excavation, clearing and grading, and the location, amount and composition of all proposed fill material;

ii)       The Chesapeake Bay Preservation District boundary in accordance with the Hampton City Zoning Ordinance, Section 17.3-63;

iii)     The proposed drainage scheme;

iv)     The location, method and materials required and proposed to protect and preserve existing vegetation to be retained; and

v)      All required and proposed erosion and sediment control practices in accordance with Section 13.1-7 herein and any erosion and sediment control practices required pursuant Chapter 17.3, Article X of the Hampton City Zoning Ordinance;

vi)     A written description of the anticipated conservation problems (Ord. No. 1037, 2-26-92); and,

vii)   The name, valid certificate of competence number, and contact information of the Responsible Land Disturber, if known. If the Responsible Land Disturber is not known at the time the application is presented to the Central Permit Office, the information shall be supplied by the owner or his agent prior to issuance of any permit.

4)      If the development requires either site plan or subdivision approval, applicant shall submit a copy of all conditions relating to erosion and sediment control.

 

(b)   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 Chapter may comply with the plan submission and permitting provisions of 13.1-12 herein.

 

(c)   Any person proposing any exempt land-disturbing activity or land disturbing activity for which a permit is required by this Chapter is advised to submit to the Agent, for informal review and comment, a preliminary plan showing the general extent and implications of such activities prior to executing any exempt land disturbing activity or before submitting a formal permit application.


Sec. 13.1-12. 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 may substitute the Hampton City Standard Erosion and Sediment Control Plan in lieu of a Land Disturbing Plan prepared by a certified professional engineer or land surveyor duly licensed by the Commonwealth of Virginia. Any requests for significant deviation from and/or amendments to the Hampton City Standard Erosion Control Plans for single-family detached construction as may be developed by the applicant shall require compliance with the terms of 13.1-11.

(b)   Building permits for any single-family detached residential construction required to obtain a land-disturbing activity permit under the provisions of this Chapter shall not be issued until the Codes Compliance Department conducts an initial erosion and sediment control inspection, finds such project to be in compliance with the objectives of the approved Land Disturbing Plan, determines that all necessary erosion and sediment control measures have been properly installed, and issues an initial erosion and sediment control inspection approval notice.


Sec. 13.1-13. Approval or disapproval of plan.

(a)   Following receipt of a plan submitted under this Chapter, the Agent shall initiate a review of the proposed land-disturbing activity for compliance with the guidelines and standards prescribed in 13.1-7. 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 there for and conditions that would be required for approval.

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


Sec. 13.1-14. Appeals from decisions under Chapter.

Final decisions of the Director under this Chapter 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. 13.1-15. Amendment of approved plan.

A plan approved under this Chapter 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 Chapter, are agreed to by the agent and the person responsible for carrying out the plan.

Sec. 13.1-16. Bond.

(a) Before a permit is issued under this Chapter, the applicant shall assure compliance with the permit and this Chapter by submitting one of the following forms of security:

(1) A performance bond covering one hundred (100) percent of the cost of the control measures, such bond to be written by a bonding company licensed to do business in the Commonwealth of Virginia;

(2) An escrow agreement, placing in escrow in a banking institution licensed to do business in the Commonwealth of Virginia cash equal to 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 the control measures; such letter of credit to be issued by a banking institution licensed to do business in the Commonwealth of Virginia.

(4)   A cash deposit covering one hundred (100) percent of the costs of the control measures.

       The Agent may waive the requirement for a form of security if the amount of the security 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 residence.

 

(b)   Each form of security required by this section, shall be conditioned that the principal shall:

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

(2)   Comply with all the terms and conditions of the permit granted under this Chapter 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 bond, escrow agreement, letter of credit or cash deposit shall be approved by the city attorney and shall guarantee that the required control measures will be properly and satisfactorily undertaken and maintained.

 

(d)   The term of each form of security required by this section shall begin on the date the controlled activity commences and shall remain in effect until such form of security is specifically released, in writing, by the Director. The surety executing such form of security, 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) No bond, escrow agreement, irrevocable letter of credit or cash deposit shall be released prior to completion of permitted improvements and achievement of adequate stabilization of the land disturbing activity.

 

(f)   Within sixty (60) days of the achievement of adequate stabilization of the land-disturbing activity, such bond, escrow, letter of credit or cash deposit, 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 13.1-25. Achievement of adequate stabilization shall be determined by the Agent.

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

 

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

 

 

Sec. 13.1-17. Issuance or refusal of permit.

Prior to issuance of a permit, the Director shall cause the application to be reviewed and approved by the Zoning Administrator for compliance with the zoning ordinance. The Director shall, within forty-five (45) days following the receipt of a completed application under 13-.1-6, and approval by the Zoning Administrator issue a permit or notify the applicant in writing of the refusal thereof. No permit for land-disturbing activities shall be issued until the applicant has supplied the information concerning the Responsible Land Disturber as required by Section 13.1-11 and executed a performance agreement agreeing to comply with the approved erosion control plan.

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

 

Sec. 13.1-18. Term of permit.

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

(b)   Thirty (30) day extension shall be allowed to correct violations following inspection by the Agent.

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

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


Sec. 13.1-19. Permit restrictions and conditions.

(a)   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 Chapter, the Director 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 or cause environmental damage. 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.

(4) Requiring additional measures to further reduce erosion and sediment loss and/or

prevent storm water pollution.

(5) Requiring additional measures to adequately protect and preserve trees and shrubs designated as plants to remain.

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

 

Sec. 13.1-20. Periodic inspections of land-disturbing activities.

The Agent shall provide for periodic on-site inspections as set forth in VESCR 4 VAC 50-30-60B and require that a Responsible Land Disturber be in charge of and responsible for carrying out the land-disturbing activity. 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 right of inspection shall be inherent in the issuance of the permit under this Chapter. Pursuant to Code of Virginia 10.1-566A, the owner, permittee or person responsible for carrying out the plan shall be provided an opportunity to accompany the Agent on his inspections. If the Agent discovers a violation of the erosion and sentiment control provisions of the Land Disturbing Plan or this Chapter, the Agent shall notify the Responsible Land Disturber. The Responsible Land Disturber shall be required by the Agent to periodically inspect the land-disturbing activity.


Sec. 13.1-21. 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 Chapter:

(1)   Wood or chemical substances of wood.

(2)   Hazardous waste.

(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. 13.1-22. 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. 13.1-23. Right of entry of Agent.

The Agent shall have access at reasonable times to the premises upon which any controlled activity is being conducted. No person shall hinder or prevent the Agent 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. 13-1-24. Correction of dangerous conditions and Revocation.

Whenever the Agent determines, by inspection, that a project conducted pursuant to a permit issued under this Chapter has become dangerous to life, limb or property or affects the safety, usability or stability of a public way, or harmful to the environment the Agent shall notify the owner of the property or the permit holder 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, eliminate or correct such condition so that it will conform to the requirements of this Chapter or otherwise remedy the condition to the Agents satisfaction so that it will no longer constitute a menace or danger or cause environmental damage. A shorter period of time to repair, reconstruct or correct such condition may be specified by the Agent, if any imminent hazard is found to exist.

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

Any permit issued under this Chapter may be revoked for the violation of any condition of the permit, the violation of any provision of this Chapter 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.

 

 

Sec. 13.1-25. Final inspection of, and certification of completion for, land-disturbing activity.

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 permittee shall request a final inspection of the project by the Agent. Upon finding satisfactory evidence of compliance with the approved plan and adequate stabilization of all areas disturbed by the land-disturbing activity, the Agent shall issue a certificate of completion and shall release the surety.

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

 

Sec. 13.1-26. 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 Chapter, the surety on the bond required by this Chapter, 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 ENFORCEMENT


Sec. 13.1-27. Agent designated for administration and enforcement of Chapter.

The Codes Compliance Department shall be the Agent for the approval and disapproval of Land Disturbing Plans pertaining to site plans and single-family dwellings, as required under this Chapter. The Department shall be the Agent for the approval and disapproval of Land Disturbing Plans for all other controlled land disturbing activities. The departments shall jointly administer and enforce the provisions of this Chapter. The Agents are authorized to and shall make such inspections as may be necessary to ensure compliance with the terms of this Chapter, and any conditions of approval for specific projects, and are authorized to take such steps as are provided by this Chapter, and as may be necessary, to ensure compliance with its terms.

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

 

Sec. 13.1-28. Notice of violations.

(a)   The Agent, upon determination of a failure to comply with a plan or a violation of this Chapter, shall immediately serve upon the person to whom the permit was issued under this Chapter, 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 Chapter.

(b)   Upon receipt of a sworn complaint of a substantial violation of this Chapter, the Agent may, in conjunction with or subsequent to a notice to comply as specified in this Chapter, 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 Chapter. 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 Chapter.

(c)   This section shall not apply to violations of 13.1-29.

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

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

 

 

Sec. 13.1-29. 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 or agent, 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. 13.1-30. 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 Chapter, shall be in violation of this Chapter.

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

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

 

 


Sec. 13.1-31. Penalties, injunctions and other legal actions.

(a)   Violators of this Chapter shall be guilty of a Class I misdemeanor. 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 Chapter, 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 Chapter, any person who violates any provision of this Chapter may be liable to the city in a civil action for damages.

(d) In lieu of criminal sanctions, any person who violates any provision of this Chapter, any condition of that persons permit, or any provision of the persons program shall, upon the finding of the General District Court for the city, be assessed the following civil penalties:

(1) A civil penalty for any one violation of not less than $100 nor more than $1,000.

(2) A civil penalty in the amount of $1,000 shall be assessed for commencement of land disturbing activities without a city approved plan and a land disturbing permit.

(3) Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $10,000.

(4) The Director or his designees may issue a summons for collection of a civil penalty and the action may be prosecuted by the city attorney.

(e)   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.

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

(g)   The city attorney shall, upon request of the agent, take legal action to enforce the provisions of this Chapter.

(h) Compliance with the provisions of this ordinance 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.

(i) Such civil penalties as are imposed pursuant to this Chapter shall be deposited into the stormwater management revenues of the city's treasury.


ARTICLE IV. RESERVED*

 

*Editor's 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. 

__________

s 13.1-17 through 13.1-29. Reserved.

 

 

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

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on August 15, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council