Notice is hereby given of a public hearing to be held by the City Council of the City of Bedford, Virginia, at 7:30 p.m. on October 8, 1991, at the City Municipal Building, Council Hall, 215 E. Main Street for the purpose of considering a request for the following:

Anyone who is in favor of or opposed to the request will have an opportunity to express their view at this hearing.

The City hereby establishes a soil erosion and sediment control program consistent with the State Erosion and Control Law (Title 10.1, Chapter 5, Article 4, Code of Virginia, as amended).

The Director of Community and Economic Development or such officer designated by him in writing shall be the City's erosion and sediment control administrator and shall be responsible for the City of Bedford Soil Erosion and Sediment Control Program. The administrator is authorized and empowered to administer and enforce the applicable provisions of State law and the provisions herein, to include receiving applications, inspecting premises, issuing permits which are in conformance with the provisions of this Ordinance and of State law, issuing regulations, issuing stop work orders on behalf of the City, and bringing of legal actions, including injunction, abatement, or other appropriate actions or proceedings to insure compliance with the provisions herein.

The Virginia Erosion and Sediment Control Handbook and the state regulations in effect on July 1, 1991 are hereby adopted by reference as the regulations of the City of Bedford Erosion and Sediment Control Program. The local administrator shall from time to time amend such regulations by incorporating any changes in the Virginia Erosion and Sediment Control Regulations and in the Virginia Erosion and Sediment Control Handbook, and he from time to time may adopt such supplemental rules and regulations as may be appropriate to implement the provisions of this Chapter not inconsistent with State law or other ordinances of the City. A current copy of the Virginia Erosion and Sediment Control Handbook, the State regulations, and any supplemental regulations issued by the Administrator shall be kept on file in the office of the Community and Economic Development of the City of Bedford and shall be there available to the public for inspection and in use during all regular business hours.

No person shall engage in any "land-disturbing activity" (as defined in Section 10.1-560 of the Code of Virginia), in the city until he has acquired a land-disturbing permit. Issuance of such a permit shall be conditioned upon approval of an erosion and sediment control plan by the administrator. Erosion and sediment control plans must satisfy the Virginia Erosion and Sediment Control Regulations and the standards and specifications of the Virginia Erosion and Sediment Control Handbook, as amended. At least three (3) copies of the erosion and sediment control plan, consisting of narrative, calculations and site plan prepared in accordance with the erosion and sediment control manual, must be submitted with the application for a land-disturbing permit.

It is the intent of this Article to be an adjunct to the building code, subdivision and zoning ordinances, and other land development regulations of the City, which apply to the subdivision and development of land within the jurisdiction of the City or to development on previously subdivided land within the jurisdiction of the City.

The permit issued herein may be incorporated into any building permit or other permit issued by the Director of the Department of Community and Economic Development of the City of Bedford in respect to activities requiring such permits which also include "land-disturbing activities" required herein.

The land-disturbing activity must begin within six (6) months of the issuance of said permit or the permit shall become invalid.

Application for a land-disturbing permit shall be made on a form prescribed and furnished by the administrator and each application shall be accompanied by a payment to the City of a fee to be computed at a rate of twenty-five dollars ($25.00) per acre or portion thereof of disturbed area not to exceed one-thousand dollars ($1,000.00)

A. All control measures required by the provisions of this chapter shall be undertaken at the expense of the owner or his agent; and pending such actual provision there, the owner or his agent shall execute and file with the administrator, prior to issuance of the permit, a performance bond, cash escrow, or letter of credit, in an amount determined by the administrator equal to the approximate total cost of providing erosion and sediment control improvements with surety approved by the administrator guaranteeing that the required control measures will be properly and satisfactorily undertaken.

B. Should it be necessary for the City to take such conservation action, the City of Bedford may collect from the applicant any costs in excess of the amount of the surety held. Within sixty (60) days of adequate stabilization, as determined by the City Engineering Department or the City Department of Community and Economic Development, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to the applicant or terminated.

C. When the land-disturbing activity is one acre or less and public improvements are not required by the city land development regulations, the requirement for a surety may be waived by the administrator.

The Administrator shall have all necessary authority to administer and enforce this Ordinance including all powers provided in Title 10.1, Chapter 5, Article 4 of the Code of Virginia, as amended, and in this Ordinance, including specifically the authority to issue in the name of the City Manager stop work orders as provided herein.

A. The City reserves the right to inspect any premises in which a land disturbing activity is being conducted without prior notice. If the Administrator determines that there is a failure to comply with the approved plan, notice shall be served upon the person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification or by delivery at the site of the land disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall require the permittee or person responsible for carrying out the plan to correct any deficiencies within twenty four hours of receipt of said notification. Upon failure to comply within the time specified, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed in violation of this Ordinance.

B. Where an alleged violator has failed to comply with a notice to comply, the administrator may issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective actions have been taken. Where the alleged non compliance is causing or is imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, such a stop-work order may be issued whether or not the alleged violator has been issued a notice to comply as specified herein above, and the stop-work order shall be issued in such case in conjunction with the notice to comply. Any stop-work order shall be served in the same matter as a notice to comply.

C. The City Attorney upon request of the Administrator or other officer of the City may take legal action or request the Commonwealth's Attorney to take legal action to enforce the provisions of this article.

A. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating, causing, or permitting the violation of any of the provisions of this article, including the provisions of Section 5-22 and of Section 5-25, shall be guilty of a misdemeanor and subject to a fine not exceeding $1,000.00 or thirty (30) days imprisonment for each violation, or both.

B. The administrator may apply to the Circuit Court to enjoin a violation or threatened violation without the necessity of showing that an adequate remedy at law does not exist.

C. In addition to any criminal penalties provided under this Ordinance, any person who violates any provisions of this Ordinance may be liable to the City of Bedford in a Civil Action for damages.

D. Without limiting the remedies which may be obtained in this Section, any person violating or failing, neglecting or refusing to obey any injunctions, mandates or other remedy obtained pursuant to this chapter shall be subject in the discretion of the Court to a civil penalty not to exceed $2,000.00 for each violation.

E. With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the administrator or any condition of the permit or any provision of this Chapter, the administrator may issue against such person an Order for the payment of Civil charges for violations in specific sums, not to exceed the limit specified in subsection D of this Section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection D.

F. Compliance with the provisions of this Chapter shall be prima facia evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages.

Section 5-27. Liability of Persons Enforcing the Erosion and Sediment Control Regulations.

Any officer or employee charged with the enforcement of the erosion and sediment control regulations acting in good faith and without malice to the City in the discharge of his duties shall not thereby render himself liable personally and he is hereby relieved from all personal liability from any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against any city officer or employee because of such act or omission performed by him in the enforcement of any provisions of the erosion and sediment control regulations shall be defended by the city attorney until final determination of the proceedings.

BE IT RESOLVED that the Council of the City of Bedford hereby certifies that, to the best of each member's knowledge, (1) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (2) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Council.