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2025 Ordinances
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(i) An application that includes a permit registration statement, if required, a soil erosion control and <br />stormwater management plan or an executed agreement in lieu of a plan, if required, has been <br />submitted to the city; <br />(ii) The name of the individual who will be assisting the owner in carrying out the activity and holds a <br />Responsible Land Disturber certificate pursuant to Code of Virginia, § 62.1-44.15:30 is submitted to the <br />city. Failure to provide the name of an individual holding a Responsible Land Disturber certificate prior <br />to engaging in land -disturbing activities may result in revocation of the land disturbance approval and <br />shall subject the owner to the penalties provided by the VESMA; and <br />(iii) The city has issued its land -disturbance approval. <br />(d) The city may require changes to an approved ESM plan in the following cases: <br />(i) Where inspection has revealed that the plan is inadequate to satisfy applicable regulations or <br />ordinances; or <br />(ii) Where the owner finds that because of changed circumstances or for other reasons the plan cannot be <br />effectively carried out, and proposed amendments to the plan, consistent with the requirements of <br />VESMA, are agreed to by the city and the owner. <br />(e) In order to prevent further erosion, the city may require approval of an erosion and sediment control plan <br />and a stormwater management plan for any land it identifies as an erosion impact area. <br />(f) Prior to issuance of any land -disturbance approval, the city may also require an applicant, excluding state <br />agencies and federal entities, to submit a reasonable performance bond with surety, cash escrow letter of <br />credit, any combination thereof, or such other legal arrangement it finds acceptable, to ensure that it can <br />take measures at the applicant's expense should he fail, after proper notice, within the time specified to <br />comply with the conditions it imposes as a result of his land -disturbing activity. If the city takes such action <br />upon such failure by the applicant, it may collect from the applicant the difference should the amount of the <br />reasonable cost of such action exceed the amount of the security held. Within 60 days of the completion of <br />the city's conditions, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended <br />or unobligated portion thereof, shall be refunded to the applicant or terminated. <br />(g) The city may enter into an agreement with an adjacent VESMP authority regarding the administration of <br />multijurisdictional projects, specifying who shall be responsible for all or part of the administrative <br />procedures. Should adjacent VESMP authorities fail to reach such an agreement, each shall be responsible <br />for administering the area of the multijurisdictional project that lies within its jurisdiction. <br />(h) No exception to, or waiver of, post -development nonpoint nutrient runoff compliance requirements shall be <br />granted unless offsite options have been considered and found not available in accordance with subsection D <br />part 3 of Code of Virginia, § 62.1-44.15:35. <br />(i) The city is authorized to cooperate and enter into agreements with any federal or state agency in connection <br />with the requirements for land -disturbing activities in accordance with Code of Virginia, § 62.1-44.15:50. <br />(j) Any person who commences land -disturbing activities prior to the approval of an erosion and stormwater <br />management plan may be liable for a civil charge in an amount not to exceed $1,000.00 per day. <br />Sec. 11.1-6 Review of a Soil Erosion Control and Stormwater Management Plan. <br />The city shall approve or disapprove an ESM plan according to the following: <br />(1) The city shall determine the completeness of any application within 15 days after receipt, and shall act <br />on any application within 60 days after it has been determined to be complete. <br />(2) The city shall issue either land -disturbance approval or denial and provide written rationale for any <br />denial. <br />Page 12 of 27 <br />
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