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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