City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
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
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
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
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
Water quality volume shall mean the volume equal to the
first one-half inch of runoff multiplied by the impervious surface of the land
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.
672, 10-8-80; Code 1964, 16.1-1)
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
(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
(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;
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,
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
ARTICLE II PERMIT AND
1037, 2-26-92; Ord. No. 1372, 5-12-04)
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.
672, 10-8-80; Code 1964, 16.1-2; Ord. No. 1357, 9-10-03)
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.
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:
2,500 square feet out of the RPA:
and no permit required
2,500 square feet in the RPA:
hundred seventy five dollars ($175.00)
less than 0.25 acres:
hundred seventy-five dollars ($175.00)
acres-but less than 0.50 acres:
hundred twenty-five dollars ($225.00)
acres-but less than 0.75 acres:
hundred seventy-five dollars ($275.00)
acres-but less than 1.0 acres:
hundred dollars ($300.00).
acres-but less than 1.25 acres:
hundred twenty-five dollars ($325.00).
acres-but less than 1.50 acres:
hundred fifty dollars ($350.00)
than 1.50 acres:
hundred fifty dollars ($350.00) plus twenty-five dollars ($25.00) for every
0.25 acre in excess (or portion thereof) in excess.
agreement in lieu of a plan:
fee charged shall be Five Thousand Dollars ($5,000.00).
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
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
Sec. 13.1-8. General
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.
section shall not apply to state agency projects except as provided for in Code
of Virginia 10.1-564.
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.
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)
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,
(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.
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.
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:
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.
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:
name and address;
ii) Deed book and page number of
iii) Tax map number and parcel number to
include the LRSN/RPC number;
iv) Property lines with dimensions of
v) Names of adjacent property owners;
vi) Existing trees, watercourses and
vii) Existing drainage culverts, septic
tanks and septic fields;
viii) Existing drainage patterns and
ix) Date and signature of person
Disturbing Plan shall also include:
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
iii) The proposed drainage scheme;
iv) The location, method and materials
required and proposed to protect and preserve existing vegetation to be
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.
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
(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.
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
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
(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
(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
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.
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
(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)
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)
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.
672, 10-8-80; Code 1964, 16.1-12)
Sec. 13.1-18. Term of
(a) The duration of a permit issued
pursuant to this Chapter shall be six (6) months or less, as determined by the
(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.
672, 10-8-80; Code 1964, 16.1-14)
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
(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.
672, 10-8-80; Code 1964, 16.1-3, 16.1-13)
Sec. 13.1-20. Periodic
inspections of land-disturbing activities.
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
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
(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.
672, 10-8-80; Code 1964, 16.1-15)
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
672, 10-8-80; Code 1964, 16.1-16)
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.
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.
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.
672, 10-8-80; Code 1964, 16.1-35)
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.
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.
672, 10-8-80; Code 1964, 16.1-19)
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.
Sec. 13.1-28. Notice of
(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
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.
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.
Sec. 13.1-31. Penalties, injunctions and other legal actions.
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
(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
(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
(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
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.
through 13.1-29. Reserved.
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