File #: 24-0469    Version: 1 Name: City Code Amendment - Chpt 35.1 "Site Plans" Cross-References to Stormwater Management and Erosion Control Ordinance
Type: Ordinance-Coded Status: Agenda Ready
File created: 10/23/2024 In control: Planning Commission
On agenda: 11/21/2024 Final action:
Title: Ordinance to Amend and Re-Enact the City Code of the City of Hampton, Virginia by Amending Chapter 35.1, Entitled “Site Plans”, to Update and Correct Cross-References to the Stormwater Management and Erosion Control Ordinance
Attachments: 1. Redline Amendment, 2. Presentation Reference
Related files: 24-0402, 24-0465, 24-0467
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Title
Ordinance to Amend and Re-Enact the City Code of the City of Hampton, Virginia by Amending Chapter 35.1, Entitled “Site Plans”, 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 Site Plan ordinance, codified in Chapter 35.1 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 Site Plan 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 35.1 of the City Code of the City of Hampton, Virginia, be amended and re-enacted as follows:

Chapter 35.1 – SITE PLANS
ARTICLE I. – IN GENERAL
. . .

Sec. 35.1-2.2. – Exemptions from site plan approval.
. . .
(D) All development, regardless of exemption from this chapter, shall be subject to all other applicable provisions of the City Code and zoning ordinance, including but not limited to chapters 9, 33.3 and 41.1 of the City Code.

Sec. 35.1-3. – Administration and enforcement of chapter.
Pursuant to the authority granted to the city council by the Code of Virginia § 15.2-2255, the city council designates as its agent the city manager for purposes of administering and enforcing the provisions of this chapter. The city manager authorizes and ...

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