20061114 2006-16
ORDINANCE NO. 2006-16
AN ORDINANCE AMENDING CHAPTER 110, ARTICLE II, DIVISION 12
(EROSION AND SEDIMENT CONTROL), SECTIONS 110-340(d), 110-341(b), 110-
345 AND 110-346 OF THE CODE OF THE CITY OF FAIRFAX TO REQUIRE AN
APPLICANT TO PROVIDE THE NAME OF A RESPONSIBLE LAND DISTURBER
FOR A VIOLATION OF AN AGREEMENT IN LIEU OF A PLAN, TO REQUIRE
CERTIFICATION THAT THE PLAN WILL BE FOLLOWED PRIOR TO PERMIT
ISSUANCE, TO ALLOW THE CITY TO SPECIFY INSPECTION FREQUENCY IN
ACCORDANCE WITH VIRGINIA ADMINISTRATIVE CODE SECTION 4V AC50-
30-60(B), AND TO SPECIFICALLY IDENTIFY THE REVOCATION OF A PERMIT
AS A POSSIBLE PENALTY FOR NON-COMPLIANCE WITH AN APPROVED
PLAN.
NOW, BE IT ORDAINED by the City Council ofthe City of Fairfax, Virginia, that
Chapter 110, Article II, Division 12, Sections 11O-340(d), 110-341(b), 110-345 and 110-346
ofthe Code of the City of Fairfax, are hereby amended as follows:
ARTICLE II. DISTRICT DEVELOPMENT STANDARDS AND REGULATIONS
GENERALLY
DIVISION 12. EROSION AND SEDIMENT CONTROL*
Sec. 110-340. Plan required for issuance of permit.
(a) Approval of plan required before commencement of land disturbing activity. No
person shall engage in any land disturbing activity and no permit for such activity
shall be issued until the plan-approving authority approves a soil erosion and sediment
control plan for the land disturbing activity prepared and certified by an engineer or
land surveyor. This plan may be contained on a separate sheet or included with the
drainage or grading plan.
(b) Owner's responsibility. Whenever a land disturbing activity is proposed to be
conducted by a person performing 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.
(c) Activities extending into another jurisdiction. The land disturbing activities
involving lands which extend into the jurisdiction of another local erosion and
sediment control program shall be approved by the state soil and water conservation
board or each jurisdiction where the land is located, and shall comply with the
requirements of section 110-342 concerning an installation and maintenance
agreement and bond.
(d) Agreements for single-family residences. 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 such an agreement
is approved by the plan-approving authority. Pursuant to such an agreement, the plan-
approving authority may require the applicant to provide the name of an individual
(the responsible land disturber) holding a responsible land disturber certificate
pursuant to state law, unless a violation occurs during the land disturbing activity. If a
violation does occur, then the applicant shall correct the violation and provide the
name of an individual (the responsible land disturber) holding a responsible land
disturber certificate pursuant to state law.
(e) Plans for erosion impact areas. In order to prevent further erosion on an area of
land identified as an erosion impact area, the plan-approving authority may require
approval of a soil erosion and sediment control plan.
Sec. 110-341. Standards for approval of plan.
(a) Within 45 days of receipt of a soil erosion and sediment control plan, the plan-
approving authority shall either approve or disapprove the plan in writing according to
the standards set forth in this section. In addition, the provisions of section 110-342
must be met to gain plan approval. If a plan is not approved, the plan-approving
authority shall specify the modifications, terms, and conditions that will permit
approval of the plan and communicate these requirements to the applicant in writing.
If no action is taken by the plan-approving authority within the time specified in this
subsection, the plan shall be deemed approved and the permit issued.
(b) Plans submitted for approval under this chapter shall be prepared in accordance
with the state erosion and sediment control regulations VR625-02-00, and any
amendments and revisions thereto, and the guidelines contained in the current edition
of the Virginia Erosion and Sediment Control Handbook, and any amendments and
revisions thereto, both of which are hereby adopted as part of this chapter. In
accordance with state law and the state erosion and sediment control regulations and
as a prerequisite to approval of the plan, the applicant shall provide the name of an
individual (the responsible land disturber) holding a responsible land disturber
certificate who will be in charge of and responsible for carrying out the land-
disturbing activity and the applicant shall certify that he will properly perform the
conservation measures included in the plan and will conform to the state erosion and
sediment control regulations.
Sec. 110-345. Monitoring, reports and inspections.
The plan-approving authority shall periodically in accordance with Section 4V AC50-30-60.B
of the Virginia Erosion and Sediment Control Regulations inspect land disturbing activities
for compliance with the approved plan and permit. The owner, permittee, or person
responsible for carrying out the plan shall be given notice of inspections.
(1) Monitoring and reports may be required by the plan-approving authority of the
owner, permittee, or person responsible for carrying out the plan to ensure compliance
with the plan and that the measures required in the plan are effective in controlling
erosion and sediment.
(2) Upon determination of a failure to comply with the plan, the plan-approving
authority shall serve notice by certified or registered mail to the address specified in
the permit application or by hand delivery to the owner, permittee, or person
responsible for carrying out the plan, specifying the measures needed for plan
compliance and the time within which the measures must be completed. Failure to
comply within the specified time may result in revocation of the permit at which time
the notified individual shall be deemed to be in violation ofthis division.
(3) Regardless of the requirement for notice in subsection (2) of this section, if land
disturbing activities begin without an approved plan, the plan-approving authority may
issue an order requiring all land disturbing activities be stopped until an approved plan
and required permits are obtained. If the alleged violator has not obtained an approved
plan and required permits within seven days from the service date of the order, the
plan-approving authority shall 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 required permits are obtained. The order shall be served
upon the owner by registered or certified mail to the address specified in the permit
application or the city land records. The order shall be lifted immediately upon
completion of corrective action and obtaining plan approval and required permits. The
owner may appeal the issuance of an order to the circuit court of the county. In
addition, if the alleged activity is in imminent danger of causing harmful erosion of
lands or sediment deposition in waters within the watersheds of the Commonwealth,
the plan-approving authority may issue an order requiring that all land disturbing
activities be stopped regardless of the notice requirement of subsection (2) of this
section.
(4) Unless the violation is causing or is in imminent danger of causing harmful land
erosion or sediment deposition in waters within the watersheds of the commonwealth,
or land disturbing activities occurred without an approved plan and required permit, an
order to stop work shall only be issued after the alleged violator failed to comply with
a notice to comply sent according to subsection (2) of this section. The order may
require that all or part of the land disturbing activities be stopped until the specified
corrective measures have been taken. The order shall be served by certified mail or
hand delivery and shall remain in effect for seven days from the date of service
pending application by the city or alleged violator to the circuit court of the county for
appropriate relief. The order shall be lifted immediately upon completion of corrective
measures. Nothing in this section shall prevent the plan-approving authority from
taking any other action specified in this division.
Sec. 110-346. Penalties, injunctions and other legal actions.
(a) Violations of any requirement of this division or any condition of a permit shall
be subject to a civil penalty. The civil penalty for anyone violation shall be $100.00,
except that the civil penalty for commencement of land disturbing activities without an
approved plan shall be $1,000.00.
(b) In no event shall a series of violations arising from the same set of operative facts
result in civil penalties which exceed a total of $3,000.00, except that a series of
violations ensuing from the commencement ofland disturbing activities without an
approved plan for any site shall not result in civil penalties which exceed $10,000.00.
(c) The plan-approving authority may apply to the circuit court of the county to
enjoin a violation or a threatened violation.
(d) Any person violating, failing, neglecting or refusing to obey any injunction,
mandamus or other remedy obtained pursuant to Code of Virginia, S 10.1-569 shall be
subject, in the discretion of the court, to a civil penalty not to exceed $2,000.00 for
each violation. Any civil penalty so assessed shall be payable to the treasury of the
city.
( e) In accordance with section 110-345, the plan-approving authority may revoke a
permit for failing to comply to with an approved plan.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: November 13, 2006
City Council Public Hearing: December 12, 2006
ADOPTED: December 12,2006
G~{t~~
\. Mayor
Date: Ufo/Of;
Attest:
i!fc~
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
Aye
Absent
Aye
Aye
Aye
Aye