Title
Ordinance to Amend and Re-Enact Article III of Chapter 41.1 of the City Code of the City of Hampton, Virginia Entitled “Wetlands” to Reflect Changes Made to the Tidal Wetlands Act Regarding Advertising, Notice, and Permit Issuance Requirements
Purpose
Background Statement:
The purpose of this amendment is to bring the Hampton Wetlands Ordinance into compliance with recent changes made to the model ordinance within the Tidal Wetlands Act.
Senate Bill 867 modified the model ordinance such that it eliminates the requirement for a permit issued by the Wetlands Board to be notarized. Senate Bill 1160 made several changes to the requirements for hearing notices: such notices can now be sent to any applicant and other relevant parties via email rather than only mail and are now required to be published in a newspaper just once in the seven days leading up to the hearing instead of the previous requirement to publish once a week for two weeks. This bill also established new requirements for the hearing notice to be posted on the board’s website at least 14 days prior to the hearing and also to be provided to the Virginia Marine Resources Commission for submittal to the Virginia Regulatory Town Hall.
In addition to the above changes, the amendment also includes several housekeeping edits including the addition of certain oxford commas and changing a “which” to “that.”
Changes to the Code specify that localities that have adopted a wetlands ordinance must amend any such ordinance to conform with the provisions of the bill by January 1, 2024.
Recommendations:
Rec
Staff Recommendation:
Approval
Body
BE IT ORDAINED by the Council of the City of Hampton, Virginia that Article III of Chapter 41.1 of the City Code of the City of Hampton, Virginia, be amended and re-enacted as follows:
CHAPTER 41.1 - WETLANDS
ARTICLE XIII. - WETLANDS ZONING ORDINANCE
Sec. 41.1-6. - Definitions.
. . . .
Governmental activity means any or all of the services provided by th...
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