Title
Ordinance to Amend and Re-Enact the City Code of the City of Hampton, Virginia by Amending Chapter 35, Entitled “Subdivisions”, to Update and Correct Cross-References to the Stormwater Management and Erosion Control Ordinance
Purpose
Background Statement:
The proposed amendment corrects and updates references in the Subdivision ordinance, codified in Chapter 35 of the Hampton City Code, to the Stormwater Management and Erosion Control ordinance (the “SMEC ordinance”). On September 11, 2024, City Council adopted the SMEC ordinance as Chapter 33.3 of the Hampton City Code. The SMEC ordinance constitutes a repeal and consolidation of former City Code Chapters 13.1 – Land Disturbing Operations and 33.2 – Stormwater Management. This consolidation was mandated by the State Water Control Board after they approved and adopted the Virginia Erosion and Stormwater Management Regulation at their June 22, 2023 meeting. As a result, the current cross-references in the Subdivision ordinance to former City Code Chapters 13.1 and 33.2 are in need of correction to new City Code Chapter 33.3.
Recommendations:
Rec
Staff Recommendation:
Approval
Body
BE IT ORDAINED by the Council of the City of Hampton, Virginia that Chapter 35 of the City Code of the City of Hampton, Virginia, be amended and re-enacted as follows:
Chapter 35 – SUBDIVISIONS
ARTICLE I. – IN GENERAL
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Sec. 35-7. – Exceptions.
(A) Except as otherwise set forth in this chapter, the development services center manager may grant exceptions to the general provisions of this chapter not governed by chapters 9, 33.3 and 41.1 of the City Code, the "City of Hampton Landscape Guidelines", the zoning ordinance, or the public works design and construction standards, subject to the following:
. . .
(B) The development services center manager shall not approve a petition for an exception unless they find that:
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(6) The relief sought will not in any manner vary the provisions of chapters 9, 33.3 and 44.1 of the City Code, the "City of Hampton Landscape Guidelines", the zoning ordinance, comprehensive plan, or official map, except that those documents may be amended in the manner prescribed by law.
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Sec. 35-13. – Master plan for phased subdivisions.
For multiphased subdivisions, the subdivider shall submit to the subdivision agent a master plan for all phases of the proposed subdivision as part of the preliminary plat submittal under article II of this chapter. The purpose of such master plan is to permit the subdivision agent to advise the subdivider whether his plans are generally in accordance with the requirements of this chapter. The subdivision agent, upon submission of any master plan, may study it and advise the subdivider where it appears that changes are appropriate. The subdivision agent may mark the master plan indicating appropriate changes. The subdivider shall return the master plan to the subdivision agent with each preliminary plat. The master plan shall, at a minimum, show the name, location and dimensions of all streets entering the property, adjacent to the property or terminating at the boundary of the property to be subdivided. It shall also show the location of all proposed streets, their category (e.g., arterial, collector, etc.) and any future extensions, lots, development phases, parks, playgrounds and other proposed uses of the land to be subdivided and their approximate dimensions and a conceptual layout of the water, sanitary sewer systems, and a stormwater management plan in accordance with the provisions of article II of chapter 33.3 of the City Code. The master plan is not binding on the subdivider or the subdivision agent. Review of a master plan does not constitute preliminary plat approval or final subdivision approval. For multiphased subdivisions reviewed under this section, review of a master plan does not, in any way, guarantee approval of future subdivision phases.
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ARTICLE IV. – DESIGN STANDARDS AND IMPROVEMENTS GENERALLY
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Sec. 35-67. – Stormwater drainage system.
The subdivider shall provide the subdivision with a stormwater drainage system, as approved by the director of public works, adequate to serve the area of the subdivision and the contributing drainage area thereto, in accordance with design standards and specifications of article II of chapter 33.3 of the City Code.
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ARTICLE V. – DEVELOPMENT PLANS – REQUIREMENTS, PROCEDURES FOR PERMITTING AND PERFORMANCE ASSURANCES
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Sec. 35-103. – Contents.
The development plans required by this article shall be legible as determined by the director of public works and shall contain:
. . .
(D) The plan and profile for the stormwater system or other methods of disposal, conveyance and or treatment of stormwater which shall be submitted in the same manner as outlined in (C) above and shall comply with the provisions of article II of chapter 33.3 of the City Code.
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Sec. 35-108. – Construction and maintenance of public improvements; performance bond in lieu of installation; maintenance bonds; release of bonds.
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(F) No maintenance bond shall be released until as-built construction drawings for all improvements, including, but not limited to street trees, landscape plantings, sanitary sewer and storm drains (including tops of curbs and flow lines for rights-of-way) are submitted on an 11-inch by 17-inch approved durable tracing medium and an approved digital version by the subdivider and/or developer for review and approval by the director of public works. Additionally, all detention, retention and impoundment best management practices ("BMP") shall require a certification of as-built conditions in accordance with the public works design and construction standards and article II of chapter 33.3 of the City Code prior to the release of the maintenance bond.
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Secs. 35-109 – 35-120. – Reserved.