[HISTORY: Adopted by the City Council of
the City of Galax 7-9-1990; amended in its entirety 1-26-2015. Subsequent amendments noted where applicable.]
A.
This chapter shall be known as the "Erosion and Sediment Control
Ordinance of City of Galax." The purpose of this chapter is to prevent
degradation of properties, stream channels, waters and other natural
resources of the City of Galax by establishing requirements for the
control of soil erosion, sediment deposition and nonagricultural runoff
and by establishing procedures whereby these requirements shall be
administered and enforced.
B.
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter
3.1, Article 2.4, known as the "Virginia Erosion and Sediment Control
Law."
As used in the ordinance, unless the context requires a different
meaning, the following terms shall be defined as indicated:
A contract between the plan-approving authority and the owner
that specifies conservation measures that must be implemented in the
construction of a single-family residence; this contract may be executed
by 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, when required,
authorizing land-disturbing activities to commence.
The Virginia State Water Control Board.
An employee or agent of a VESCP authority who:
An employee or agent of a VESCP authority who:
Holds a certificate of competence from the Board in the area
of plan review; or
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, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 or a professional soil scientist as defined in § 54.1-2200 of the Code of Virginia.
An employee or agent of a VESCP authority who:
The City of Galax.
Any activity which removes the vegetative ground cover, including,
but not limited to, root mat removal or topsoil removal.
The Department of Environmental Quality.
A tract of land developed or to be 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 Environmental Quality.
The New River Soil and Water Conservation District.
A document containing material for the conservation of soil
and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory, and
management information with needed interpretations and a record of
decisions contributing to conservation treatment. The plan shall contain
all major conservation decisions and all information deemed necessary
by the VESCP plan-approving authority to assure that the entire unit
or units of land will be so treated to achieve the conservation objectives.
An area of land not associated with current land-disturbing
activity 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 or to shorelines
where the erosion results from wave action or other coastal processes.
Any digging, scooping or other methods of removing earth
materials.
Any depositing or stockpiling of earth materials.
The City Council of the City of Galax.
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
in the commonwealth, including, but not limited to, clearing, grading,
excavating, transporting and filling of land, except that the term
shall not include:
Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
Individual service connections;
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;
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;
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted pursuant to Title 45.1
of the Code of Virginia;
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations, including engineering operations and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2, (§ 10.1-604 et seq.) of Chapter 6 of the Code of Virginia, 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 (§ 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 § 10.1-1163;
Repair or rebuilding of the tracks, rights-of-way, bridges,
communication facilities and other related structures and facilities
of a railroad company;
Disturbed land areas of less than 10,000 square feet in size;
Installation of fence and sign posts or telephone and electric
poles and other kinds of posts or poles;
Shoreline erosion control projects on tidal waters when all
of the land-disturbing activities are within the regulatory authority
of and approved by local wetlands boards, the Marine Resources Commission
or the United States Army Corps of Engineers; however, any associated
land that is disturbed outside of this exempted area shall remain
subject to this chapter; and
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 the activity
were not an emergency, then the land area disturbed shall be shaped
and stabilized in accordance with the requirements of the plan-approving
authority.
A permit or other form of approval issued by the City of
Galax for the clearing, filling, excavating, grading, transporting
of land or for any combination thereof or for any purpose set forth
herein.
An outline of the various methods employed by the City of
Galax 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 storm 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 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.
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
erosion and sediment control plan will be followed.
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 commonwealth, any interstate body,
or any other legal entity.
An individual holding a certificate issued by the Department
who is responsible for carrying out the land-disturbing activity in
accordance with the approved ESC plan. The RLD may be the owner, applicant,
permittee, designer, superintendent, project manager, contractor,
or any other project or development team member. The RLD must be designated
on the ESC plan or permit as a prerequisite for engaging in land disturbance.
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.
An approval to conduct a land-disturbing activity issued
by the Board in the form of a state stormwater individual permit or
coverage issued under a state general permit.
All waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdictions.
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 City of Galax, which has adopted a soil erosion and sediment
control program approved by the Board.
The City of Galax or other government agency (local, state
or federal) as requested by the City of Galax responsible for determining
the adequacy of a plan submitted for land-disturbing activities on
a unit or units of land and for approving plans.
A program approved by the Board that has been established
by a VESCP authority for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff associated with a land-disturbing
activity to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources, and shall include such
items, where applicable, as local ordinances, rules, permit requirements,
annual standards and specifications, policies and guidelines, technical
materials, and requirements of this chapter and its associated regulations.
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.
A.
Pursuant to § 62.1-44.15:54 of the Code of Virginia, the
City of Galax hereby establishes a VESCP program and adopts the regulations,
references, guidelines, standards and specifications promulgated by
the Board and the City Code of the City of Galax for the effective
control of soil erosion and sediment deposition to prevent the unreasonable
degradation of properties, stream channels, waters and other natural
resources. Said regulations, references, guidelines, standards and
specifications for erosion and sediment control are included in, but
not limited to, the Virginia Erosion and Sediment Control Regulations
and the Virginia Erosion and Sediment Control Handbook, as amended.
B.
Before adopting or revising regulations, the City of Galax 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 of Galax is amending its program to conform to revisions
in the state program. However, a public hearing shall be held if the
City of Galax proposes or revises regulations that are more stringent
than the state program.
(1)
In addition, in accordance with § 10.1-561 of the Code
of Virginia,[1] 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.
[1]
Editor's Note: See now § 62.1-44.1:52 of the
Code of Virginia.
(2)
In accordance with § 62.1-44.15:52 of the Code of Virginia,
any plan approved prior to July 1, 2014, 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:
(a)
Detain the water quality volume and to release it over 48 hours;
(b)
Detain and release over a twenty-four-hour period the expected
rainfall resulting from the one-year, twenty-four-hour storm; and
(c)
Reduce the allowable peak flow rate resulting from the one-and-one-half-,
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 forested 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 condition,
and shall be exempt from any flow rate capacity and velocity requirements
for natural or man-made channels.
(3)
For plans approved on and after July 1, 2014, the flow rate capacity
and velocity requirements for natural and man-made channels shall
be satisfied by compliance with water quantity requirements specified
in § 62.1-44.15:28 of the Stormwater Management Act and
9 VAC 25-870-66 of the Virginia Stormwater Management Program (VSMP)
regulations, unless such land-disturbing activities are in accordance
with the grandfathering provisions of the Virginia Stormwater Management
Program (VSMP) regulations.
C.
Pursuant to § 62.1-44.15:53 of the Code of Virginia, 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 control program
of the City of Galax shall contain a certified program administrator,
a certified plan reviewer, and a certified inspector, who may be the
same person.
D.
The City of Galax hereby designates the program administrator as
the plan-approving authority.
E.
The program and regulations provided for in this chapter shall be
made available for public inspection at the office of the program
administrator.
A.
Except as provided herein, no person may engage in any land-disturbing
activity until he or she has submitted to the City of Galax an erosion
and sediment control plan for the land-disturbing activity and such
plan has been approved by the VESCP authority. No approval to begin
a land-disturbing activity will be issued unless evidence of state
permit coverage is obtained where it is required. Where land-disturbing
activities involve lands under the jurisdiction of more than one VESCP
authority, 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.
The standards contained within the Virginia Erosion and Sediment
Control Regulations and 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.
C.
The VESCP plan-approving authority shall review erosion and sediment
control plans submitted to it and grant written approval within 60
days of the receipt of the plan if it determines that the plan meets
the requirements of the Erosion and Sediment Control Law and the Board's
regulations and if the person responsible for carrying out the plan
certifies that he will properly perform the conservation measures
included in the plan and will conform to the provisions of this chapter.
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 the responsible land
disturber to the program authority, as provided by § 62.1-44.15:52,
of the Virginia Erosion and Sediment Control Law, who will be in charge
of and responsible for carrying out the land-disturbing activity.
Failure to provide the name of the responsible land disturber 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 VESCP plan-approving authority may waive the certificate
of competence requirement for an 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 the responsible land disturber, as provided by § 62.1-44.15:52
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.
D.
The plan shall be acted upon within 45 days from receipt thereof
by either approving said plan in writing or by disapproving said plan
in writing and giving specific reasons for its disapproval. When the
plan is determined to be inadequate, the plan-approving authority
shall specify such modifications, terms and conditions that will permit
approval of the plan. If no action is taken within 45 days, the plan
shall be deemed approved and the person authorized to proceed with
the proposed activity.
E.
The VESCP authority shall act on any erosion and sediment control
plan that has been previously disapproved within 45 days after the
plan has been revised, resubmitted for approval, and deemed adequate.
F.
Changes; variance requests.
(1)
The VESCP may require changes to an approved plan when:
(a)
The inspection reveals that the plan is inadequate to satisfy
applicable regulations; or
(b)
The person responsible for carrying out the 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 plan-approving authority and the person responsible for
carrying out the plans.
(2)
The VESCP authority shall consider variance requests judiciously,
keeping in mind both the need of the applicant to maximize cost effectiveness
and the need to protect off-site properties and resources from damage.
G.
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.
H.
In order to prevent further erosion, the City of Galax may require
approval of a plan for any land identified in the local program as
an erosion impact area.
I.
When land-disturbing activity will be required of a contractor performing
construction work pursuant to a construction contract, the preparation,
submission, and approval of an erosion and sediment control plan shall
be the responsibility of the owner.
J.
In accordance with the procedure set forth by § 62.1-44.15:55E
of the Code of Virginia, any person engaging in the creation and operation
of wetland mitigation or stream restoration 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 wetland mitigation or stream restoration banks,
pursuant to a permit issued by the Department of Environmental Quality,
the Marine Resources Commission, or the United States Army Corps of
Engineers, may, at the option of that person, file general erosion
and sediment control specifications for wetland mitigation or stream
restoration banks annually with the Board for review and approval
consistent with guidelines established by the Board. Approval of general
erosion and sediment control specifications does not relieve the owner
or operator from compliance with any other local ordinances and regulations,
including requirements to submit plans and obtain permits as may be
required by such ordinances and regulations.
K.
State agency projects are exempt from the provisions of this chapter
except as provided for in the Code of Virginia, § 62.1-44.15:56.
A.
Agencies authorized under any other law to issue grading, building,
or other permits for activities involving land-disturbing activities
may not issue any such permit unless the applicant submits with his
application an approved erosion and sediment control plan, certification
that the plan will be followed and evidence of state permit coverage
where it is required.
B.
No person may engage in any land-disturbing activity until he has
acquired a land-disturbing permit, unless the proposed land-disturbing
activity is specifically exempt from the provisions of this chapter,
and has paid the fees and posted the required bond.
C.
An administrative fee of $30 for projects less than one acre and
$5 for each additional acre shall be paid to the City of Galax at
the time of submission of the erosion and sediment control plan.
D.
No land-disturbing permit shall be issued until the applicant submits
with his application an approved erosion and sediment control plan
and certification that the plan will be followed.
E.
All applicants for permits shall provide to the City of Galax a performance
bond, cash escrow, or an irrevocable letter of credit acceptable to
the program administrator or his agent, to ensure that measures could
be taken by the City of Galax at the applicant's expense should
the applicant fail, after proper notice, within the time specified,
to initiate or maintain appropriate conservation measures required
of him as a result of his land-disturbing activity.
(1)
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 unit price for new public or private
sector construction in the locality and a reasonable allowance for
estimated administrative costs and inflation which shall not exceed
25% of the cost of the conservation action. Should it be necessary
for the City of Galax to take such conservation action, the City of
Galax may collect from the applicant any costs in excess of the amount
of the surety held.
(2)
Within 60 days of adequate stabilization, as determined by the program
administrator or his agent, in any project or section of a project,
such bond, cash escrow or letter of credit, or the unexpended or unobligated
portion thereof, shall be either refunded to the applicant or terminated,
based upon the percentage of stabilization accomplished in the project
or project section. These requirements are in addition to all other
provisions relating to the issuance of permits and are not intended
to otherwise affect the requirements for such permits.
A.
The responsible land disturber, as provided by § 62.1-44.15:52,
shall be in charge of and responsible for carrying out the land-disturbing
activity and provide for periodic inspections of the land-disturbing
activity. The City of Galax may require the person responsible for
carrying out the plan to monitor the land-disturbing activity. The
person responsible for carrying out the plan will maintain records
of these inspections and maintenance to ensure compliance with the
approved plan and to determine whether the measures required in the
plan are effective in controlling erosion and sedimentation.
B.
The program administrator or his agent shall periodically inspect
the land-disturbing activity in accordance with 9 VAC 25-840-60 of
the Virginia Erosion and Sediment Control Regulations to ensure compliance
with the approved plan and to determine whether the measures required
in the plan are effective in controlling erosion and sedimentation.
The owner, permittee, or person responsible for carrying out the plan
shall be given notice of the inspection.
(1)
If the program administrator or his agent 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.
(2)
The notice shall specify the measures needed to comply with the plan
and shall specify the time within which such measures shall be completed.
Upon failure to comply within the specified time, 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 shall
be subject to the penalties provided by this chapter.
C.
Upon issuance of an inspection report denoting a violation of Va.
Code § 62.1-44.15:55, or 62.1-44.15:56, the program administrator
or his 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.
(1)
If land-disturbing activities have commenced without an approved
plan, the program administrator or his agent may, in conjunction with
or subsequent to a notice to comply as specified in this chapter,
issue an order requiring that all of the land-disturbing activities
be stopped until an approved plan or any required permits are obtained.
(2)
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 without regard to whether 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 such a notice to comply.
(3)
The order shall be served in the same manner as a notice to comply
and shall remain in effect for a period of seven days from the date
of service pending application by the enforcing authority or permit
holder for appropriate relief to the Circuit Court of the jurisdiction
where the land-disturbing activity occurred. The City of Galax shall
serve such order for disturbance without an approved plan or permits
upon the owner by mailing with confirmation of delivery to the address
specified in the land records. Said order shall be posted on the site
where the disturbance is occurring and shall remain in effect until
permits and plan approvals are secured, except in such situations
where an agricultural exemption applies.
(4)
If the alleged violator has not obtained an approved plan or any
required permits within seven days from the date of service of the
order, the program administrator or his agent 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 any 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 City of
Galax.
(5)
The owner may appeal the issuance of an order to the Circuit Court
of the jurisdiction where the land-disturbing activity occurred.
(6)
Any person violating or failing, neglecting or refusing to obey an
order issued by the program administrator or his agent may be compelled
in a proceeding instituted in the Circuit Court of the City of Galax
to obey same and to comply therewith by injunction, mandamus or other
appropriate remedy. Upon completion and approval of corrective action
or obtaining an approved plan or any required permits, the order shall
immediately be lifted.
(7)
Nothing in this section shall prevent the program administrator or
his agent from taking any other action authorized by this chapter.
A.
Violators of this chapter shall be guilty of a Class I misdemeanor.
B.
Any person who violates any provision of this chapter shall, upon a finding of the District Court of the City of Galax, be assessed a civil penalty. The civil penalty for any one violation 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 $10,000, 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. Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of § 62.1-44.15:63.
C.
The program administrator or his agent, or the owner of property
which has sustained damage or which is in imminent danger of being
damaged, may apply to the Circuit Court of the jurisdiction where
the land-disturbing activity has occurred to enjoin a violation or
a 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 local
program, and the program authority, that a violation of the local
program has caused, or creates a probability of causing, damage to
his property; and
(2)
Neither the person who has violated the local program nor the program
authority has taken corrective action within 15 days to eliminate
the conditions which have caused, or create the probability of causing,
damage to his property.
D.
In addition to any criminal or civil penalties provided under this
chapter, any person who violates any provision of this chapter may
be liable to the City of Galax 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 of Galax. Any civil penalties
assessed by a court shall be paid into the treasury of City of Galax,
except that, where the violator is the locality itself or its agent,
the court shall direct the penalty to 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 condition of a permit or any provision of this chapter, the City of Galax may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection E of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection B or E.
G.
The City Attorney shall, upon request of the City of Galax or the
permit-issuing authority, 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 any damages.
A.
Any applicant under the provisions of this chapter who is aggrieved
by any action of the City of Galax or its agent in disapproving plans
submitted pursuant to this chapter shall have the right to apply for
and receive a review of such action by the City Council of the City
of Galax, provided an appeal is filed within 30 days from the date
of the action. Any applicant who seeks an appeal hearing before the
City Council shall be heard at the next regularly scheduled City Council
public meeting, provided that the City Council and other involved
parties have at least 30 days' prior notice. In reviewing the
agent's actions, the City Council shall consider evidence and
opinions presented by the aggrieved applicant and agent. After considering
the evidence and opinions, the City Council may affirm, reverse or
modify the action. The City Council's decision shall be final,
subject only to review by the Circuit Court of the jurisdiction where
the land-disturbing activity occurred or was to occur.
B.
Final decisions of the City of Galax under this chapter shall be
subject to review by the Circuit Court of the jurisdiction where the
land-disturbing activity occurred or was to occur, provided an appeal
is filed within 30 days from the date of any written decision adversely
affecting the rights, duties, or privileges of the person engaging
in or proposing to engage in land-disturbing activities.