Title
Ordinance to Repeal Chapter 13.1 and Chapter 33.2 of the City Code of the City of Hampton, Virginia in Their Entirety and Enact Chapter 33.3 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management and Erosion Control”
Purpose
PURPOSE/BACKGROUND:
The State Water Control Board approved and adopted the Virginia Erosion and Stormwater Management Regulation (the “Regulation”) at their June 22, 2023 meeting. The new Regulation required the update of local ordinances including the ordinances of the City of Hampton (the “City”). The consolidation of the City’s “Stormwater Management” ordinance (old Chapter 33.2 of the City Code) and the City’s Land Disturbing Operations ordinance (old Chapter 13.1 of the City Code) into a single new chapter was required by the Regulation. The result of the consolidation is the new Chapter 33.3 - “Stormwater Management and Erosion Control” (the “SMEC ordinance”) being presented to City Council for enactment.
The required Regulation updates also impact the City’s Site Plans, Subdivisions and Chesapeake Bay Preservation Act ordinances. The SMEC ordinance includes references to the new phosphorous discharge limit of 0.26 pounds per acre in accordance with new Virginia Department of Environmental Quality (“DEQ”) regulations; a new Virginia Runoff Reduction Spreadsheet for calculating required pollutant removal; and the new Virginia Stormwater Management Handbook as program and technical guidance.
Of note, the SMEC ordinance contains an update to the reinspection fee which was changed from $35.00 to 10% of the total permit fee for any third and subsequent initial and final inspections for a land-disturbing activity.
The effective date for the new City ordinance will be September 11, 2024.
** NOTE: Due to the size of the file, only a portion of the new chapter to be enacted would be able to appear below, therefore, a complete copy of the new chapter 33.3 is attached as EXHIBIT A.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Ordinance.
Body
BE IT ORDAINED, by the Council of the City of Hampton, Virginia, that Chapter 13.1 of the City Code of the City of Hampton is repealed in its entirety; that Chapter 33.2 of the City Code of the City of Hampton is repealed in its entirety; and that Chapter 33.3 of the City Code of the City of Hampton, Virginia, entitled “Stormwater Management and Erosion Control,” be enacted to read as is reflected by the ordinance attached hereto as "Exhibit A" with an effective date of September 11, 2024.