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
. . .
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:
. . .
(6) The relief sought will not in any manner vary the provisions of chapters 9, 33.3 ...
Click here for full text