19750701 1975-30 ORDINANCE NO. 1975-30
AN ORDINANCE ESTABLISHING CONTROL MEASURES FOR
EROSION AND SEDIMENTATION PREVENTION
BE IT ORDAINED by the City Council of the City of Fairfax
that Section 15 of the zoning ordinance of the City of Fairfax,
Virginia, be and it hereby is, amended in its entirety as follows:
SECTION 15
EROSION AND SEDIMENT CONTROL
15.01 Purpose.
The purpose of this ordinance, to be known as the Erosion
and Sediment Control Ordinance, for non-agricultural purposes,
is to provide that (1) adequate control measures are taken to
prevent the erosion, flooding, overflow of storm water, and
drainage from land being subdivided or developed during the
period of site preparation, development or construction, and
thereafter; (2) to provide temporary and permanent safeguards,
on all land proposed for development where unstable slopes,
highly erodible or other unusual soil conditions exist or will
be created during the course of development or construction;
(3) to provide soil conservation practices specifically designed
for the protection of said lands from erosion, flooding, siltation
or sedimentation resulting from the exposure of the soil during
the period of site clearance, development or construction; (4)
to provide for the establishment of temporary engineering
structures and agronomy practices to prevent erosion and sedi-
mentation.
15.02 Definitions.
As used in this ordinance, unless the context clearly in-
dicates otherwise.
15.02.01
"Land disturbing activity" shall mean any land change which,
by affecting the contour of any lot, parcel or tract of land
in any zoning district by grading, filling, excavating, or
the removal or destruction of a portion of the natural topsoil
or trees or other vegetative cover, may result in soil
erosion from water or wind and the movement of sediments
into State water or onto lands in the State or City of Fairfax,
including, but not limited to, clearing, grading, excavating,
transporting and filling of land, other than Federal or State
lands.
15.02.02
"City Engineer'l shall mean the representative of the City of
Fairfax who has been appointed to serve as the agent of the
City of Fairfax in administering this ordinance.
15-1
1975-30 -2
15.03 Permits.
15.03.01 Permit required for Gradinq, Fillinq, etc. It shall be
unlawful for any person to engage in land-disturbing activities
of lO,O00 sq. feet or more for any purposes until an erosion
and sediment plan has been submitted to the City Engineer,
reviewed and approved by the City Engineer, the necessary
bond posted therefor, and a permit issued by the City Engineer
to the owner of the land involved or his agent, with the
following exceptions:
A. Such minor land-disturbing activities as home gardens and
individual home landscaping, repairs and maintenance work.
Be
Individual service connections and construction or instal-
lation of public utility lines other than utility lines
constructed by private developers that are to be owned
and maintained by the City of Fairfax.
C o
Septic tank lines or drainage fields unless included ~n an
overall plan for land-disturbing activity relating to construc-
tion of the building to be served by the septic tank system.
D. Tilling, planting, or harvesting of agricultural, horti-
cultural, or forest crops.
Construction, repair or rebuilding of the tracks, right-
of-way, bridges, communication facilities and other related
structures and facilities of a railroad company.
Preparation of single-family residences separately built
(under 10,000 sq. feet of disturbed area), except in con-
junction with multiple construction in subdivision development
where total disturbed area by developer exceeds 10,000 sq. feet.
G. Disturbed land areas for commercial or noncommercial uses
of less than ten thousand square feet in size.
H. Installation of fence and sign posts or telephone and
electric poles and other kinds of posts or poles.
I. Emergency work to protect life, limb or property, and
emergency repairs.
15.04 Regulated Land Disturbinq Activities.
15.04.01
Except as provided in subsections 15.04.02, 15.04.03 and
15.04.04, no person shall engage in any land disturbing
activity until he has submitted to the City Engineer an
erosion and sediment plan for such land disturbing activity
and until that plan has been reviewed and approved by the
City Engineer, and the necessary bond has been posted
15-2
1975-30 -3
pursuant to Section 15.07 and a permit issued therefor
pursuant to Section 15.04, et. seq.
15.04.02
Any person who owns, occupies, or operates private agri-
cultural, horticultural or forest lands shall not be
deemed to be in violation of this ordinance for land
disturbing activities which result from the filling,
planting or harvesting of agricultural, horticultural
or forest crops or products or engineering operations
such as the construction of terraces, terrace outlets,
check dams, desilting basins, floodwater retarding
structures, channel improvement, floodways, dikes, ponds,
ditches, and the like; the utilization of strip cropping,
lister furrowing, contour cultivating, and contour
furrowing; land drainage; land irrigation; seeding and
planting of waste, sloping, abandoned, or eroded lands
to water-conserving and erosion-preventing plants, trees
and grasses; forestation and reforestation; rotation of
crops; soil stabilization with trees, grasses, legumes,
and other thick growing, soil holding crops; retardation
of runoff by increasing absorption of rainfall; and
retirement from cultivation of steep, highly erosive
areas and areas now badly gullied or otherwise eroded.
Any person who owns, occupies, or operates private
agricultural, horticultural or forest lands shall comply
with the requirements of this ordinance wherever that
person proposes to conduct grading, excavating or filling
operations.
15.04.03
Any state agency that undertakes a project involving a
land disturbing activity shall be approved by the Virginia
Soil and Water Conservation Commission.
15.04.04
Any person whose land disturbing activities involve lands
which extend into the jurisdiction of another local
erosion and sediment control program; provided, such person
has a plan approved by the Virginia Soil and Water Con-
servation Commission or Fairfax County and the City of
Fairfax. Such persons shall comply with the requirements
of 15.07.01 of this ordinance concerning an Installation
and Maintenance Agreement and Bond.
15.04.05
Whenever a land disturbing activity is proposed to be
conducted by a contractor performing construction work
pursuant to a construction contract, the preparation,
submission and approval of the required erosion and
sediment control plan shall be the responsibility of the
owner of the land.
15.05 Plan Required for Issuance of Permit.
15.05.01
A permit for such grading, filling, excavating, or altering
shall be issued upon submission to and approval by the
City Engineer of a plan prepared and certified by an
15-3
1975-30 -4
15.06
15.06.01
engineer or land surveyor, as defined by the City Zoning
Ordinance, provided that the City Engineer may require
upon inspection additional or revised measures from time
to time in the event originally approved measures prove
to be inadequate.
This plan may be contained on a separate sheet or
included with the drainage or grading plan.
Standards for Approval of Plan.
Eo
The City Engineer shall approve, within 45 days, the plan
referred to in Sec. 15.05.01 and issue the permit provided
for in Sec. 15.03 if such plan satisfies the following
standards:
The development plan shall be fitted to the topography
and soils so as to create the least erosion potential.
Wherever feasible, allowing for development permitted
in the zoning district in which the land is situated,
natural vegetation shall be retained and protected.
If necessary to accomplish the purposes of this section,
the City Engineer may increase the coverage restrictions
contained in other sections of the zoning ordinance to
the extent necessary to accomplish the purposes of this
section.
Provisions shall be made to effectively accommodate the
increased runoff caused by changed soil and surface
conditions during and after development.
Sediment basins and similar structural measures shall be
installed below high sediment-producing areas to remove
sediment from runoff waters from land undergoing develop-
ment. The owner or his agent shall make provision for
regular inspection of these devices after every period of
heavy rainfall; if more than thirty (30) percent of the
collecting volume is used up, the owner or his agent shall
cause accumulated silt to be removed therefrom.
The plan shall establish the construction schedule and
the sequence for installing protective measures and
facilities and shall include provisions for the following:
The smallest practicable area of land shall be
exposed at any one time through appropriate planning
and sequential phasing at development.
When land is exposed during development, the exposure
shall be kept to the shortest practical period of
time; however, in no case shall a disturbed area be
denuded for more than sixty (60) calendar days after
substantial work has ceased for any reason.
3. All erosion and siltation control structures shall
be placed prior to or as the first step in grading.
15-4
1975-30 -5
15.06.02
15.06.03
Temporary vegetation and/or mulching shall be used to
protect critical areas exposed during development.
Storm and sanitary sewer lines not in streets shall be
mulched and seeded within fifteen (15) days after back-
fill and not more than five hundred (500) feet of ditch
should be open at any one time. All temporary earth
berms, diversions and silt dams shall be mulched and
seeded for temporary vegetative cover within ten (10)
days after grading. Straw or hay mulch is required.
The permanent vegetation and structures shall be in-
stalled as soon as practical in the development. Cut
and fill slopes and other exposed areas shall be seeded
or sodded immediately upon completion of final grading.
Special measures shall be provided to protect any
disturbed area not paved, sodded or built upon by the
first day of November in each year by seeding, mulching
or other appropriate means.
Conservation practices for erosion and sediment control
should equal or exceed the specifications of those contained
in the Virginia Erosion and Sediment Control Handbook
and any amendments thereto.
The City Engineer shall act on all plans submitted to
it within 45 days from receipt thereof by either approving
said plan in writing or by disapproving said plan in
writing and giving the specific reasons for its disapproval.
When a plan submitted for approval pursuant to this
ordinance is found, upon review by the City Engineer,
to be inadequate, the City Engineer shall specify such
modifications, terms, and conditions as will permit
approval of the plan and shall communicate these re-
quirements to the applicant. If no action is taken by
the City Engineer within the time specified above, the plan
shall be deemed approved and the permit issued provided
the bond required in Section 15.07 has been deposited.
An approved plan may be changed by the City Engineer
which has approved the plan in the following cases:
Where inspection ha~ revealed the inadequacy of the
plan to accomplish the erosion and sediment control
objectives of the plan, and appropriate modifications
to correct the deficiencies of the plan are specified
by the City Engineer.
or
Where the person responsible for carrying out the
approved plan finds that because of changed circum-
stances or for other reasons the approved plan cannot
be effectively carried out, and proposed amendments to
15-5
1975-30 -6
15.07
15.07.01
15.07.02
15.08
15.08.01
the plan, consistent with the requirements of this
ordinance, are agreed to by the City Engineer and the
person responsible for carrying out the plan.
Installation and Maintenance Aqreement and Bond.
Prior to approval of the plan, there shall be executed
by the owner or his agent and submitted with the plan
an agreement in form and substance as approved by the
City to establish the measures provided for on the plan
for the control of siltation and erosion, together
with a cash bond, to be deposited and held in escrow by
the City and no interest shall be paid by the City
for any funds held in escrow. The said agreement and
bond shall be provided to insure the installation,
maintenance and performance of such measures. The bond
shall be in the amount of the estimated cost of such measures
as determined by the City Engineer. In any case where
the Bond Committee rejects any such agreement or bond,
the owner or his agent may appeal from such decision to
the City Council, provided the owner or his agent has
paid to the City of Fairfax the required filing fee.
Upon completion of the work required for which the City
has issued a permit and received a bond as required by
Sections 15.03 and 15.07, the owner or his agent may
apply to the City Engineer in writing for a Certificate
of Completion and Discharge of the unexpended or unobligated
portion of such bond. If the work is found by the City
Engineer to conform to the approved plan provided for in
Section 15.05 and other applicable regulations and City
ordinances, he shall issue the Certificate within thirty
(30) days of receipt of the application.
Failure to Comply with Plan.
If the City Engineer determines that the permit-holder
has failed to comply with the plan, the City Engineer
shall immediately serve upon the permit-holder by regis-
tered or certified mail to the address specified by the
permit-holder in his permit application a notice to
comply. Such notice shall be set forth specifically the
measures needed to come into compliance with such plan
and shall specify the time within which such measures shall
be completed. If the permit-holder fails to comply
within the time specified, he may be subject to revocation
of the permit and/or the cash bond may be used by the City
at the direction of the City Engineer to correct the noted
deficiencies; furthermore, he could be deemed to be in
violation of this ordinance and upon conviction could
be subject to the penalties provided by this ordinance.
15-6
1975-30
-7
15.09 Permit not to Authorize Chanqes in Flood Plain.
15.09.01
Approva~ of the plan shall not be construed to authorize
the construction or alteration of any structure within the
flood plain or to authorize any filling, grading, or other
change of the contour of said flood plain area without
such permit, authorization or approva~ as may be required
by said Zoning Ordinance.
15.10 Review and Inspection Fee Required.
15.10.01
An erosion and sediment control review and inspection fee
of $35.00 plus $10.00 per acre (or any fraction thereof)
shall be paid to the City of Fairfax at the time of
submission of plans to the City Engineer.
15.11 Administrative Appeal~ Judicial Review.
15.11.01
Final decisions of the City Engineer under this ordinance
shall be subject to review by the City Council, provided
an appeal is filed within 30 days from the date of any
written decision by the City Engineer, which adversely
effects the rights, duties or privileges of the person
engaging in or proposing to engage in land disturbing
activities.
15.11.02
Final decisions of City Council under this ordinance
shall be subject to review by the Circuit Court of the
County of Fairfax, provided an ~ppeal is filed within
30 days from the date of the final written decision which
adversely effects the rights, duties or privileges of
the person engaging in or proposing to engage in land
disturbing activities.
15.12 Penalties, Injunctions~ and Other Leqal Actions.
15.12.01
A violation of this ordinance shall be deemed a mis-
demeanor and upon conviction shall be subject to a
fine not exceeding one thousand dollars or thirty
days imprisonment for each violation or both.
15.12.02
The City Engineer may apply to the Circuit Court of
County of Falrfax for injunctive relief to enjoin a
violation or a threatened violation of this ordinance,
without the necessity of showing that there does not
exist an adequate remedy at law.
15.12.03
The City Attorney shall, upon request of the City
Engineer take legal action to enforce the provisions
of this ordinance.
15-7
1975-30
-8
15.12.04
Compliance with the provisions of this ordinance 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 com-
plaining party must show negligence in order to recover
any damages.
15.13 Severability.
15.13.01
If any sections, subsections, sentence, clause or phrase
of this ordinance is for any reason held to be void, uncon-
stitutional or for any reason invalid, such invalidity
shall not affect the validity of the remaining provisions
of this ordinance. The Council hereby declares that it
would have passed this ordinance and every section, sub-
section, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared void, uncon-
stitutional or invalid.
15.14 Effective Date.
15.14.01
This ordinance was duly considered, following a required
public hearing held on July l, 1975 , and was
adopted by the City Council, Fairfax, Virginia, at its
regular meeting held on July l, 1975
This ordinance shall be effective on July l~ 1975
Attest:
15-8