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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