[Ord. of 3-13-2000; amended 7-14-2008]
This chapter shall be known as the "Erosion and Sediment Control
Ordinance of the City of Franklin."
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
The purpose of this chapter is to conserve the land, water, air and
other natural resources of the City by establishing requirements for
the control of erosion and sediment and by establishing procedures
by which those requirements shall be administered and enforced.
(b)
This chapter is authorized by Code of Virginia, § 10.1-560
et seq., known as the "Virginia Erosion and Sediment Control Law."[1]
[1]
Editor's Note: Code of Virginia, § 10.1-560 et seq.,
was repealed by Acts 2013, chs. 756 and 793. For current provisions,
see Code of Virginia, § 62.1-44.15:51 et seq.
[Ord. of 3-13-2000; amended 7-14-2008]
As used in this chapter, the following words have the following
meanings:
A contract between the City and the owner which specifies
conservation measures which must be implemented in the construction
of a single-family residence; this contract may be executed by the
owner and the plan-approving authority in lieu of a formal site plan.
Any person submitting an erosion and sediment control plan
for approval or requesting the issuance of a permit authorizing land-disturbance
activities to commence.
The Virginia Soil and Water Conservation Board.
An employee of the City who:
An employee of the City who:
Holds a certificate of competence from the Board in the area
of plan review;
Is enrolled in the Board's training program for plan review
and successfully completes such program within one year after enrollment;
or
Is licensed as a professional engineer, architect, landscape
architect or land surveyor pursuant to Code of Virginia, § 54.1-400
et seq.
An employee of the City who:
The City of Franklin.
An outline of the various methods employed by the City to
regulate land-disturbing activities and thereby minimize erosion and
sedimentation in compliance with the state erosion and sediment control
program and may include ordinances, policies, guidelines, technical
materials, inspections, enforcement and evaluation.
Any activity which removes the vegetative ground cover, including,
but not limited to, root mat removal or topsoil removal.
The Department of Conservation and Recreation.
A tract of land developed as a single unit under single ownership
or unified control which is to be used for any business or industrial
purpose or is to contain three or more residential dwelling units.
The Director of the Department of Conservation and Recreation.
A document containing material for the conservation of soil
and water resources of a parcel or parcels of land submitted to the
City for approval. The plan shall indicate all major conservation
decisions made which give assurance that the entire parcel or parcels
of land will be treated in such a way that required conservation objectives
are achieved.
An area of land not associated with current land-disturbing
activities, but subject to persistent soil erosion resulting in the
delivery of sediment onto neighboring properties or into state waters.
This definition shall not apply to any lot or parcel of land of 10,000
square feet or less used for residential purposes.
Any digging, scooping or other methods of removing earth
materials.
Any depositing or stockpiling or other methods of removing
earth materials.
Any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
Any land change which may result in soil erosion from water
or wind and the movement of sediments into state waters or onto lands
of the commonwealth, including, but not limited to, clearing, grading,
excavating, transporting and filling of land.
A permit issued by the City for the clearing, grading, excavating,
transporting and filling of land or any combination thereof or for
any other purpose set forth herein.
An outline of the various methods employed to regulate land-disturbing
activities and thereby minimize erosion and sedimentation in compliance
with the state program and may include such items as local ordinances,
policies and guidelines, technical materials, inspection, enforcement,
and evaluation.
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 store event within its banks and allows larger flows
to access its bankfull bench and its floodplain.
The owner or owners of the freehold of the premises or a
lesser estate therein, a mortgagee or vendee in possession, an assignee
of rents, or a receiver, executor, trustee, lessee or other person,
firm or corporation in control of the property.
The maximum instantaneous flow from a given storm condition
at a particular location.
The person to whom the permit authorizing land-disturbing
activities is issued or the person who certifies that the approved
plan will be followed.
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, county, city, town or other political
subdivision of the commonwealth, any interstate body or any other
legal entity.
The City Department of Public Works.
The City of Franklin.
An individual from the project or development team, who will
be in charge and responsible for carrying out a land-disturbing activity
covered by an approved plan or agreement in lieu of a plan, who:
Holds a responsible land disturber certificate of competence;
Holds a current certificate of competence from the Board in
the areas of combined administration, program administration, inspection,
or plan review;
Holds a current contractor certificate of competence for erosion
and sediment control; or
Is licensed in Virginia as a professional engineer, architect,
certified landscape architect or land surveyor pursuant to Article
1 (§ 54.1-400 et seq.) of this chapter.[1]
The volume of water that runs off the land development project
from a prescribed storm event.
A noncommercial dwelling that is occupied exclusively by
one family.
The program administered by the Virginia Soil and Water Conservation
Board pursuant to statute, including regulations designed to minimize
erosion and sedimentation.
All waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdiction.
Any moving of earth materials from one place to another place,
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.
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.
[1]
Editor's Note: Refers to Code of Virginia § 54.1-400
et seq.
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
Pursuant to Code of Virginia, § 10.1-562,[1] the regulations, references, guidelines, standards and
specifications promulgated by the Virginia Soil and Water Conservation
Board for the effective control of soil erosion and sediment deposition,
including but not limited to the Virginia Erosion and Sediment Control
Regulations, the Virginia Erosion and Sediment Control Handbook and
the Design and Construction Standards and Procedures, as amended from
time to time, are hereby adopted and incorporated by reference as
if set forth herein.
[1]
Editor's Note: Code of Virginia, § 10.1-562 was
repealed by Acts 2013, chs. 756 and 793. For current provisions, see
Code of Virginia, § 62.1-44.15:54.
(b)
Before adopting or revising regulations, the City shall give due
notice and conduct a public hearing on the proposed or revised regulations,
except that a public hearing shall not be required when the City is
amending its program to conform to revisions in the state program.
However, a public hearing shall be held if the City proposes or revises
regulations that are more stringent than the state program.
(c)
In accordance with § 10.1-561 of the Code of Virginia,[2] stream restoration and relocation projects that incorporate
natural channel design concepts are not man-made channels and shall
be exempt from any flow rate capacity and velocity requirements for
natural or man-made channels.
[2]
Editor's Note: For current provisions, see Code of Virginia,
§ 62.1-44.15:52.
(d)
In accordance with § 10.1-561 of the Code of Virginia,[3] any land-disturbing activity that provides for stormwater
management intended to address any flow rate capacity and velocity
requirements for natural or man-made channels shall satisfy the flow
rate capacity and velocity requirements for natural or man-made channels
if the practices are designed to (i) detain the water quality volume
and to release it over 48 hours; (ii) detain and release over a twenty-four-hour
period the expected rainfall resulting from the one-year, twenty-four-hour
storm; and (iii) reduce the allowable peak flow rate resulting from
the one-and-five-tenths-, two-, and ten-year, twenty-four-hour storms
to a level that is less than or equal to the peak flow rate from the
site assuming it was in a good forest condition, achieved through
multiplication of the forested peak flow rate by a reduction factor
that is equal to the runoff volume from the site when it was in a
good forested condition divided by the runoff volume from the site
in its proposed conditions and shall be exempt from any flow rate
capacity and velocity requirements for natural or man-made channels.
[3]
Editor's Note: For current provisions, see Code of Virginia,
§ 62.1-44.15:52.
(e)
Pursuant to § 10.1-561.1 of the Code of Virginia,[4] an erosion control plan shall not be approved until it
is reviewed by a certified plan reviewer. Inspections of land-disturbing
activities shall be conducted by a certified inspector. The erosion
and sediment control program of the City of Franklin shall contain
a certified program administrator, a certified plan reviewer, and
a certified inspector, who may be the same person.
[4]
Editor's Note: For current provisions, see Code of Virginia,
§ 62.1-44.15:53.
(f)
The City of Franklin hereby designates the Department of Public Works
as the plan-approving authority.
(g)
The program and regulations set forth by reference in this section
are available for public inspection at the office of the Director
of Public Works.
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
Except as provided in Subsection (c) or § 9-6, no person may engage in any land-disturbing activity in the City until such person has submitted to the Department of Public Works an erosion and sediment control plan for such activity and until such plan has been approved by the Department of Public Works. Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the Board 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 an erosion and sediment control plan if executed by the plan-approving authority.
(b)
No agency or department authorized under any other ordinance or law
to issue building or other permits for activities involving land-disturbing
activities covered by this chapter may issue such permits unless the
applicant submits with the application a copy of an approved erosion
and sediment control plan or a permit from the Department of Public
Works indicating approval of such plan.
(c)
The standards contained within the "Virginia Erosion and Sediment
Control Regulations," the Virginia Erosion and Sediment Control Handbook,
as amended, are to be used by the applicant when making a submittal
under the provisions of this chapter and in the preparation of an
erosion and sediment control plan. The plan-approving authority, in
considering the adequacy of a submitted plan, shall be guided by the
same standards, regulations, and guidelines. When the standards vary
between the publications, the state regulations shall take precedence.
(d)
Where the land-disturbing activity will result from the construction
of a single-family residence, an agreement in lieu of a plan may be
substituted for an erosion and sediment control plan. If a violation
occurs during the land-disturbing activity, then the person responsible
for carrying out the agreement in lieu of a plan shall correct the
violation and provide the name of an individual holding a certificate
of competence as provided by Code of Virginia § 10.1-561[1] of the Virginia Erosion and Sediment Control Law. Failure
to provide the name of an individual holding a certificate of competence
shall be a violation of this chapter.
[1]
Editor's Note: For current provisions, see Code of Virginia,
§ 62.1-44.15:52.
[Ord. of 3-13-2000; amended 7-14-2008]
In no instance shall the provisions of this chapter be construed
to apply to the following activities:
(1)
Such minor land-disturbing activities as individual home gardening,
landscaping, repairs and maintenance;
(2)
Individual service connections;
(3)
Maintenance or installation of underground public utility lines in
paved or hard-surfaced areas;
(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)
Surface or deep mining;
(6)
Exploration or drilling for oil and gas, including the well site,
roads, feeder lines and off-site disposal areas;
(7)
Livestock feeder operations, tilling, planting or harvesting of agricultural,
horticultural or forest crops, except that this exception only applies
to harvesting of forest crops in which the area harvested is reforested
in accordance with Code of Virginia, § 10.1-1100 et seq.,
or is converted to bona fide agricultural or improved pasture use
as set forth in Code of Virginia, § 10.1-1163B;
(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 (Code of Virginia § 10.1-604 et seq.),
ditches, strip cropping, lister furrowing, contour furrowing, contour
cultivating, land drainage and land irrigation;
(9)
Repair or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and related structures and facilities of a railroad company;
(10)
Disturbed land areas less than 5,000 square feet in size;
(11)
Installation of fence and sign posts, utility poles and other posts
and poles;
(12)
Shore erosion control projects on tidal waters, when the projects
are approved by local wetland boards, the Marine Resources Commission
or the United States Army Corps of Engineers; and
(13)
Emergency work to protect life, limb or property and emergency repairs,
provided that if the land-disturbing activity would have required
an approved erosion and sediment control plan if a nonemergency, then
the land area disturbed shall be shaped and stabilized in accordance
with the requirements of this chapter and the directives of the Department
of Public Works.
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
Erosion and sediment control plans shall be submitted to the Department
of Public Works in triplicate along with a permit fee of $300. Such
plans shall detail the methods and techniques to be utilized to control
erosion and sediment in accordance with the standards incorporated
by reference in the City erosion and sediment control program. Where
the land-disturbing activity results from the construction of a single
family residence, an agreement in lieu of a plan executed by the owner
and an authorized representative of the Department of Public Works
may be substituted for an erosion and sediment control plan, and the
permit fee shall be waived.
(b)
A certified plan reviewer in the Department of Public Works shall
review such plans for compliance with the standards incorporated by
reference in the City erosion and sediment control program.
(c)
The Department of Public Works, within 45 days of submission of the
plans, shall approve such plan, if it is determined that the plan
meets the requirements of the City erosion and sediment control program
and if the person responsible for carrying out the plan certifies
that such person will properly perform the erosion and sediment control
measures included in the plan and will conform to the provisions of
this chapter. If no formal action has been taken within 45 days, the
plan shall be deemed approved and the person submitting the plan is
authorized to proceed with the proposed land-disturbing activity.
(d)
In the event that the plan is disapproved, the applicant shall be
notified in writing, within 45 days of its submission, of the disapproval,
the reasons therefor and the changes that would be required for approval.
(e)
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 the person owning
the property. In addition, 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 an individual
holding a certificate of competence, to the program authority as provided
by § 10.1-561 of the Virginia Erosion and Sediment Control
Law,[1] who will be in charge and responsible for carrying out
the land-disturbing activity. Failure to provide the name of an individual
holding a certificate of competence prior to engaging in land-disturbing
activities may result in revocation of the approval of the plan, and
the person responsible for carrying out the plan shall be subject
to the penalties provided in this chapter. However, the plan-approving
authority may waive the certificate of competence requirement for
agreement in lieu of a plan for construction of a single-family residence.
If a violation occurs during the land-disturbing activity, then the
person responsible for carrying out the agreement in lieu of a plan
shall correct the violation and provide the name of an individual
holding a certificate of competence, as provided by § 10.1-561
of the Virginia Erosion and Sediment Control Law.[2] Failure to provide the name of an individual holing a
certificate of competence shall be a violation of this chapter.
(f)
Prior to the issuance of a permit for a land-disturbing activity
by a department of the City, the owner of the property or an agent
of the owner shall execute and file with such department a performance
bond with surety, cash escrow, letter of credit or any combination
thereof to ensure that measures could be taken by the issuing department
at the permittee's expense should the permittee fail, after proper
notice, within the time specified, to initiate or maintain appropriate
conservation action which may be required of the permittee by the
approved plan. The amount of the bond or other security for performance
shall not exceed the total of the estimated cost to initiate and maintain
appropriate conservation action based on the unit price for new public
or private sector construction in the City and a reasonable allowance
for estimated administrative costs and inflation, which shall not
exceed 25% of the estimated cost of the conservation action. If such
department takes such conservation action upon such failure by the
permittee, the said department may collect from the permittee for
any additional cost should the amount of the reasonable cost of such
action exceed the amount of the security held. Any performance bond
with surety or letter of credit utilized hereunder shall be approved
by the City Attorney and shall guarantee that the required control
measures will be properly and satisfactorily undertaken and maintained.
(g)
After approval of the plan is obtained and the required performance
bond, cash escrow or letter of credit is filed or the applicant has
a fully executed agreement in lieu of a plan, a permit for the land-disturbing
activity may be issued, which permit shall be valid for a period of
one year from the date of issuance. The permit shall reserve a right
of entry by certified inspectors to conduct inspections of the measures
being taken to control erosion and sediment resulting from the land-disturbing
activities. The permit may be extended for additional periods by written
approval of the issuing department, upon receipt of evidence of reasonable
progress toward completion of the approved project and current compliance
with all the conditions of the plan.
(h)
An approved plan may be changed by the Department of Public Works
in the following cases:
(1)
Where an inspection has revealed that the plan is inadequate 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 Department of Public Works and the person responsible for
carrying out the plan.
(i)
Within 60 days of the achievement of adequate stabilization of the
land-disturbing activities in accordance with the plan or amended
plan, the bond, cash escrow or letter of credit, or the unobligated
or unexpended portion thereof, shall be either refunded to the applicant
or terminated.
(j)
Variances. The plan-approving authority may waive or modify any of
the standards that are deemed to be too restrictive for site conditions,
by granting a variance. A variance may be granted under these conditions:
(1)
At the time of plan submission, an applicant may request a variance
to become part of the approved erosion and sediment control plan.
The applicant shall explain the reasons for requesting variances in
writing. Specific variances which are allowed by the plan-approving
authority shall be documented in the plan.
(2)
During construction, the person responsible for implementing the
approved plan may request a variance in writing from the plan-approving
authority. The plan-approving authority shall respond in writing,
either approving or disapproving such a request. If the plan-approving
authority does not approve a variance within 10 days of receipt of
the request, the request shall be considered to be disapproved. Following
disapproval, the applicant may resubmit a variance request with additional
documentation.
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
The administrator shall provide for periodic inspections of the land-disturbing
activity by certified inspectors within the Department of Public Works
or in the office of the Building Official and may, in appropriate
cases, require monitoring and reports from the person responsible
for carrying out the plan to ensure compliance with the approved plan
and to determine whether the measures required in the plan are effective
in controlling erosion and sediment. The owner, permittee or person
responsible for carrying out the plan shall be given notice of the
inspection.
(b)
If the administrator determines that there is a failure to comply
with the plan, notice shall be served upon the permittee or person
responsible for carrying out the plan by registered or certified mail
to the address specified in the permit application or in the plan
certification or by delivery at the site of the land-disturbing activities
to the agent or employee supervising such activities. Where the administrator
serves notice, a copy of the notice shall also be sent to the department
issuing the land-disturbing permit. The notice shall specify the measures
needed to comply with the plan and shall specify the time within which
such measures should be completed. Upon failure to comply within the
time specified, the permit may be revoked, and the permittee or person
responsible for carrying out the plan shall be deemed to be in violation
of this chapter and subject to the penalties provided herein.
(c)
Upon receipt of a sworn complaint of a substantial violation of this chapter from a certified inspector, the administrator may, in conjunction with or subsequent to a notice to comply as specified in Subsection (b) above, 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 or, if land-disturbing activities have commenced without an approved plan or any required permits, requiring that all land-disturbing activities be stopped until an approved plan or any required permits are obtained.
(d)
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, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in Subsection (b) above. Otherwise, such an order may be issued only after the alleged violator has failed to comply with the notice to comply.
(e)
The order referenced in Subsections (c) and (d) above shall be served in the same manner as the notice to comply and shall remain in effect for seven days from the date of service pending application by the City or the alleged violator for appropriate relief to the Circuit Court of Southampton County. If the alleged violator has not obtained an approved plan or all required permits within seven days from the date of service of the order, the administrator may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and all required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the City.
(f)
The owner may appeal the issuance of an order to the Circuit Court
of Southampton County. Any person violating or failing, neglecting
or refusing to obey an order issued by the administrator or his designee
may be compelled in a proceeding in said court to obey same and to
comply therewith by injunction, mandamus or other appropriate remedy.
Upon completion and approval of corrective action or upon obtaining
an approved plan or any required permits, the order shall immediately
be lifted. Nothing in this section shall prevent the administrator
from taking any other action specified in this chapter.
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
The City Council may designate areas in the City which shall be classified
as erosion impact areas. Any such designation and classification shall
be deemed to be a component of the City's erosion and sediment
control program.
(b)
Consistent with the City's erosion and sediment control program
and in order to prevent further erosion, the administrator may require
the approval of a conservation plan for any erosion impact area. If
required, the owner must submit the conservation plan. Such plan shall
be subject to all review, bonding, inspection and enforcement provisions
of this chapter which apply to erosion and sediment control plans.
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
Whenever electric, natural gas and telephone utility companies, interstate
and intrastate natural gas pipeline companies or railroad companies
undertake any of the activities included in Subsection (a)(1) and
(2) below, they shall be considered exempt from the provisions of
this chapter:
(b)
Projects
not included in Subsection (a)(1) and (2) above shall comply with
the City erosion and sediment control program.
[Ord. of 3-13-2000; amended 7-14-2008]
Final decisions of the Department of Public Works or the administrator
under this chapter shall be subject to review by the Southampton County
Circuit Court, provided that an appeal is filed within 30 days from
the date any written decision adversely affecting the rights, duties
or privileges of the person engaging in or proposing to engage in
land-disturbing activities.
[Ord. of 3-13-2000; amended 7-14-2008]
[Ord. of 3-13-2000; amended 7-14-2008]
(a)
The civil penalty for any one violation of this chapter shall be
$100, except that the civil penalty for commencement of land-disturbing
activities without an approved plan shall be $1,000. 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 $3,000, except that a series of violations arising
from the commencement of land-disturbing activities without an approved
plan for any site shall not result in civil penalties which exceed
a total of $10,000.
(b)
A civil action for a violation of this chapter shall be brought by
the administrator or a certified inspector, who shall issue a summons
for the collection of the civil penalty. The case shall be heard in
the City of Franklin General District Court. In such action, the City
shall have the burden of proof to show the liability of the violator
by a preponderance of the evidence. An admission or finding of liability
shall not be a criminal conviction for any purpose. Any civil penalties
assessed by the court shall be paid into the City treasury; except
that where the violator is the City or its agent, the court shall
direct that the penalty be paid into the state treasury.
(c)
The administrator or the owner of property which has sustained damage
or which is in imminent danger of being damaged may apply to the Southampton
County Circuit Court to enjoin a violation or threatened violation
of this chapter without the necessity of showing that an adequate
remedy at law does not exist; however, an owner of property shall
not apply for injunctive relief unless:
(1)
He
has notified, in writing, the person who has violated the City's
erosion and sediment control program and the City that a violation
of the said program has caused, or creates a probability of causing,
damage to his property; and
(2)
Neither
the person who has violated the said program nor the City has taken
corrective action within 15 days of such notice to eliminate the conditions
which have caused, or create the possibility of causing, damage to
his property.
(d)
In addition to any civil penalties provided under this chapter, any
person who violates any provision of this chapter may be liable to
the City or the Board, as appropriate, in a civil action for damages.
(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 $2,000 for each violation. A civil action for such violation
or failure may be brought by the City with reference to property located
in the City. Any civil penalties assessed by the court shall be paid
into the City treasury; except that where the violator is the City
or its agent, the court shall direct that the penalty be paid into
the state treasury.
(f)
With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Board, the Director, the Department of Public Works or a permit-issuing authority or any condition of a permit or any provision of this chapter, the Board, the Director, the Department of Public Works or the permit-issuing authority may provide, in an order against such person, for the payment of civil charges for violations in specific sums not to exceed the limits specified in Subsection (c) hereinabove. Such civil charges shall be instead of any appropriate civil penalties which could be imposed under Subsections (a) and (e) hereinabove.
(g)
The City Attorney, upon request of the City, shall take legal action
to enforce the provisions of this chapter.
(h)
Compliance with the provisions of this chapter shall be prima facie
evidence in any legal or equitable proceeding for damages caused by
erosion, siltation, or sedimentation that all requirements of law
have been met, and the complaining party must show negligence in order
to recover damages.
[Ord. of 3-13-2000; amended 7-14-2008]
Compliance with the provisions of this chapter 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.
[Ord. of 3-13-2000; amended 7-14-2008]
If any provision of this chapter shall be held to be unconstitutional
or invalid, such unconstitutionality or invalidity shall not affect
the remaining provisions hereof.
[Ord. No. 102, 2-14-1977; amended 7-14-2008]
(a)
No person shall engage in any land-disturbing activity until such
person has submitted to the City Manager four copies of an erosion
and sedimentation control plan for such land-disturbing activity and
until such plan has been reviewed and approved by the City Manager.
(b)
In accordance with the procedure set forth by § 10.1-563(E)
of the Code of Virginia,[1] any person engaging in the creation and operation of wetland
mitigation banks in multiple jurisdictions, which have been approved
and are operated in accordance with applicable federal and state guidance,
laws, or regulations for the establishment, use, and operation of
mitigation banks, pursuant to a permit issued by the Department of
Environmental Quality, the Marine Resources Commission, or the U.S.
Army Corps of Engineers, may, at the option of that person, file general
erosion and sediment control specifications for wetland mitigation
banks annually with the Board for review and approval consistent with
guidelines established by the Board.
[1]
Editor's Note: For current provisions, see Code of Virginia,
§ 62.1-44.15:55.
[Ord. No. 102, 2-14-1977; amended by Ord. No. 184, 9-14-1981; 7-14-2008]
(a)
The erosion and sedimentation control plan shall detail those methods and techniques to be utilized in the control of erosion and sedimentation. As a minimum, such plan shall follow the format detailed in Chapter 6 of the "Virginia Erosion and Sediment Control Handbook, Second Edition, 1980," and as may be amended from time to time, which by reference is adopted as part of this chapter.
(b)
Approved standards and specifications for control techniques to be utilized in preparing the erosion and sedimentation control plan are set forth in Chapter 3 of the "Virginia Erosion and Sediment Control Handbook, Second Edition, 1980," and as may be amended from time to time, which by reference is adopted as a part of this chapter.
[Ord. No. 102, 2-14-1977; amended 7-14-2008]
An erosion and sedimentation plan submitted under the provisions
of this article shall be acted on by the Department of Public Works,
within 45 days from receipt thereof, by either approving or disapproving
the plan, in writing, and giving specific reasons for disapproval.
If no formal action has been taken by the Department of Public Works
within 45 days after receipt of the plan, the plan shall be deemed
approved.
[Ord. No. 102, 2-14-1977; amended 7-14-2008]
An approved erosion and sedimentation plan may be amended by
the Department of Public Works, if on-site inspection indicates that
the approved control measures are not effective in controlling erosion
and sedimentation or, because of changed circumstances, the approved
plan cannot be carried out, provided such amendments are agreed to
by the person responsible for carrying out the plan.
