19820824 1982-30ORDINANCE NO. 19.82-30.
AN ORDINANCE AMENDING SECTIONS 26-93, 26-94 and 26-96
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Sections 26-93, 26-94 and 26-96 are amended as
fol lows:
1.
Section 26-93 shall be amended to read in its entirety
as follows:
"Sec. 26-93. Permits.
It shall be unlawful for any person to engage in
land-disturbing activities of ten thousand square feet
or more for any purpose until an erosion and sediment
plan has been submitted to the director of public
services, reviewed and approved by the director of
public services, the necessary bond posted therefor,
and a permit issued by the director of public services
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.
(b) Individual service connections.
(c) Construction, installation, or
maintenance of electric and telephone utility lines.
(d) 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.
(e) 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.
(f) Surface or deep mining.
(g) Exploration or drilling for oil and gas
including the well site, roads and off-site disposal
areas.
(h) Til ling, planting, or harvesting of
agricultural, horticultural, or forest crops.
(i) Construction, repair or rebuilding of
the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities
of a railroad company.
(j) Preparation, with less than ten thousand
square feet of disturbed area, of single-family
residences separately built.
(k) Disturbed land areas for commercial or
noncommercial uses of less than ten thousand square
feet in size.
· 1982-30 -2-
(1) Installation of fence and sign posts or
telephone and electric poles and other kinds of posts
or poles.
(m) Emergency work to protect life, limb or
property, and emergency repairs.
In the case of an emergency, if the
land-disturbing activity would have required an
approved erosion and sediment control plan in the
absence of an emergency, then the land area disturbed
shall be shaped and stabilized in accordance with the
requirements of the director of public services. The
requirements of the director of public services shall
specify the time in which the shaping and stabilization
shall be completed and shall be in accordance with the
standards specified in section 26-96.
These exceptions do not include multiple
construction in subdivision developments with ten
thousand or more square feet of disturbed area."
2. Subsection 26-94(a) shall be amended to read in its
entirety as follows:
"(a) No person shal 1 engage in any land
disturbing activity until he has submitted to the
director of public services an erosion and sediment
plan for such land disturbing activity and until that
plan has been reviewed and approved by the director of
public services, and the necessary bond has been posted
pursuant to section 26-97 and a permit issued therefor
pursuant to this division, except as follows:
(1) Any person who owns, occupies, or
o~rates private agricultural, horticultural or forest
lands shall not be deemed to be in violation of this
division for land disturbing activities which result
from the til ling, planting or harvesting of
agricultural, horticultural or forest crops or products
or engineering operations such as the construction of
terraces, terrace outlets, check dams, des ilt ing
basins, floodwater retarding structures, channel
improvements, 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, s 1 oping, 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.
(2) Any state agency that undertakes a
project involving a land disturbing activity shall be
approved by the Virginia soil and Water Conservation
Commission.
(3) 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 Conservation
Commission or the county and the city. Such persons
shall comply with the requirements of section 26-97
concerning an installation and maintenance agreement
and bond."
1982-30
-3-
3. Section 26-96 shall be amended to read in its entirety
as follows:
"Sec. 26-96. Standards for approval of plan.
(a) Within forty-five days of receipt, the
director of public services shal 1 act on a plan
submitted to him by either approving said plan in
writing or by disapproving said plan in writing and
giving the specific reasons for its disapproval. If
upon review by the director of public services, a plan
submitted for approval pursuant to this division is
found to be inadequate, the director of public services
shall specify such modifications, terms, and conditions
as wil 1 permit approval of the plan and shal 1
communicate these requirements to the applicant. If no
action is taken by the director of public services
within the time specified above, the plan shall be
deemed approved and the permit issued provided the bond
required in section 26-97 has been deposited.
(b) Plans submitted for approval under this
chapter are to be prepared in accordance with the
guidelines contained in Chapter 6 of the current
edition of the Virginia Erosion and Sediment Control
Handbook and any amendments and revisions thereto, all
of which is hereby adopted as part of this chapter.
(c) The conservation criteria, standards and
specifications which must be followed in developing and
implementing an erosion and sediment plan are those
contained in Chapter 3 of the current edition of the
Virginia Erosion and Sediment Control Handbook, and any
amendments and revisions thereto, all of which is
hereby adopted as part of this chapter.
(d) An approved plan may be changed by the
director of public services in the following cases:
( 1 ) Inspection has revealed the
inadequacy of the plan to accomplish the erosion and
sediment control objective of the plan, and appropriate
modifications to correct the deficiencies of the plan
are specified by the director of public services; or
(2) 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, cons istent wi th the
requirements of this division, are agreed to by the
director of public services and the person responsible
for carrying out the plan."
This ordinance shall become effective immediately upon its
adoption.
Public hearing before the Planning Commission: July 12f 1982
Public hearing before the
ATTE S T:
Clerk
City Council: ~--~August 24, 1982