[HISTORY: Adopted by the City Council of the City of Colonial
Heights 8-10-1976 by Ord. No. 76-27; amended in its entirety 3-10-2009 by Ord. No.
09-2. Amendments noted where applicable.]
This ordinance shall be known as the "Erosion and Sediment Control
Ordinance of the City of Colonial Heights." The purpose of this chapter
is to prevent degradation of properties, stream channels, waters and
other natural resources of the City of Colonial Heights by establishing
requirements for the control of soil erosion, sediment deposition,
and nonagricultural runoff, and by establishing procedures whereby
these requirements shall be administered and enforced.
This Chapter is authorized by the Code of Virginia, Title 10.1, Chapter 5, Article 4 (§ 10.1-560 et seq.), known as the Virginia Erosion and Sediment Control Law.
As used in this Chapter, unless the context requires a different
meaning, the following definitions shall apply:
Means a contract between the plan-approving authority and
the owner that specifies conservation measures that must be implemented
in the construction of a single-family residence; this contract may
be executed by the plan-approving authority in lieu of a formal site
plan.
Means any person submitting an erosion and sediment control
plan for approval or requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
Means the Virginia Soil and Water Conservation Board.
Means an employee or agent of a program authority who (i)
holds a certificate of competence from the Board in the area of project
inspection or (ii) is enrolled in the Board's training program
for project inspection and successfully completes such program within
one year after enrollment.
Means an employee or agent of a program authority who (i)
holds a certificate of competence from the Board in the area of plan
review, (ii) is enrolled in the Board's training program for
plan review and successfully completes such program within one year
after enrollment, or (iii) is licensed as a professional engineer,
architect, certified landscape architect or land surveyor pursuant
to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title
54.1 of the Code of Virginia.
Means an employee or agent of a program authority who (i)
holds a certificate of competence from the Board in the area of program
administration or (ii) is enrolled in the Board's training program
for program administration and successfully completes such program
within one year after enrollment.
Means the City of Colonial Heights.
Any activity which removes the vegetative ground cover including,
but not limited to, root mat removal or top soil removal.
Means the Department of Conservation and Recreation.
Means a tract of land developed or to be developed as a single
unit under single ownership or unified control which is to be used
for any business or industrial purpose or is to contain three or more
residential dwelling units.
Means the Director of the Department of Conservation and
Recreation.
Refers to the James Soil and Water Conservation District.
Means a document containing material for the conservation
of soil and water resources of a unit or group of units of land. It
may include appropriate maps, an appropriate soil and water plan inventory,
and management information with needed interpretations and a record
of decisions contributing to conservation treatment. The plan shall
contain all major conservation decisions and all information deemed
necessary by the plan approving authority to assure that the entire
unit or units of land will be so treated to achieve the conservation
objectives.
Means an area of land not associated with current land-disturbing
activity but subject to persistent soil erosion resulting in the delivery
of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land of 2,500 square
feet or less used for residential purposes, or to shorelines where
the erosion results from wave action or other coastal processes.
Means any digging, scooping or other methods of removing
earth materials.
Means any depositing or stockpiling of earth materials.
Means any excavating or filling of earth material or any
combination thereof, including the land in its excavated or filled
conditions.
Means any land change which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto
lands in the Commonwealth, including, but not limited to, clearing,
grading, excavating, transporting and filling of land, except that
the term shall not include:
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Minor land-disturbing activities such as home gardens and individual
home landscaping, repair and maintenance work;
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Individual service connections;
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Installation, maintenance, or repair of any underground public
utility lines when such activity occurs on an existing hard-surfaced
road, street or sidewalk provided the land-disturbing activity is
confined to the area of the road, street or sidewalk which is hard-surfaced;
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Septic tank lines or drainage fields unless included in an overall
plan for land-disturbing activity relating to construction of the
building to be served by the septic tank system;
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Surface or deep mining;
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Exploration or drilling for oil and gas including the well site,
roads, feeder lines, and off-site disposal areas;
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Tilling, planting, or harvesting of agricultural, horticultural,
or forest crops, or livestock feedlot operations, including engineering
operations and agricultural engineering operations as follows: construction
of terraces, terrace outlets, check dams, desilting basins, dikes,
ponds not required to comply with the Dam Safety Act, Article 2 (§ 10.1-604
et seq.) of Chapter 6 of the Code of Virginia, ditches, strip cropping,
lister furrowing, contour cultivating, contour furrowing, land drainage,
and land irrigation; however, this exception shall not apply to harvesting
of forest crops unless the area on which harvesting occurs is reforested
artificially or naturally in accordance with the provisions of Chapter
11 (§ 10.1-1100 et seq.) of the Code of Virginia or is converted
to bona fide agricultural or improved pasture use as described in
Subsection B of § 10.1-1163;
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Repair or rebuilding of the tracks, rights-of-way, bridges,
communication facilities and other related structures and facilities
of a railroad company;
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Installation of fence and sign posts or telephone and electric
poles and other kinds of posts or poles;
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Shoreline erosion control projects on tidal waters when all
of the land disturbing activities are within the regulatory authority
of and approved by local wetlands boards, the Marine Resources Commission
or the United States Army Corps of Engineers; however, any associated
land that is disturbed outside of this exempted area shall remain
subject to this ordinance; and
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Emergency work to protect life, limb or property, and emergency
repairs; however, if the land-disturbing activity would have required
an approved erosion and sediment control plan, if the activity were
not an emergency, then the land area disturbed shall be shaped and
stabilized in accordance with the requirements of the plan-approving
authority.
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Means a permit issued by the City of Colonial Heights for
the clearing, filling, excavating, grading, transporting of land,
any combination thereof, or for any purpose set forth herein.
Means of the various methods employed by the City of Colonial
Heights to regulate land-disturbing activities and thereby minimize
erosion and sedimentation in compliance with the state program and
may include such items as local ordinances, policies and guidelines,
technical materials, inspection, enforcement, and evaluation.
Means the utilization of engineering analysis and fluvial
geomorphic processes to create, rehabilitate, restore, or stabilize
an open conveyance system for the purpose of creating or recreating
a stream that conveys its bank full storm event within its banks and
allows larger flows to access its bank full bench and its floodplain.
Means the owner or owners of the freehold of the premises
or lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, firm
or corporation in control of a property.
Means the maximum instantaneous flow from a given storm condition
at a particular location.
Means the person to whom the permit authorizing land-disturbing
activities is issued or the person who certifies that the approved
erosion and sediment control plan will be followed.
Means any individual, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission,
board, public or private institution, utility, cooperative, county,
city, town or other political subdivision of the Commonwealth, any
interstate body, or any other legal entity.
Means the Department of Public Works.
Means the City of Colonial Heights.
Means an individual from the project or development team,
who will be in charge of and responsible for carrying out a land-disturbing
activity covered by an approved plan or agreement in lieu of a plan,
who (i) holds a Responsible Land Disturber certificate of competence,
(ii) holds a current certificate of competence from the Board in the
areas of Combined Administration, Program Administration, Inspection,
or Plan Review, (iii) holds a current Contractor certificate of competence
for erosion and sediment control, or (iv) is licensed in Virginia
as a professional engineer, architect, certified landscape architect
or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.)
of Chapter 4 of Title 54.1 of the Code of Virginia.
Means the volume of water that runs off the land development
project from a prescribed storm event.
Means a noncommercial dwelling that is occupied exclusively
by one family.
Means the program administered by the Virginia Soil and Water
Conservation Board pursuant to the Code of Virginia including regulations
designed to minimize erosion and sedimentation.
Means all waters on the surface and under the ground wholly
or partially within or bordering the Commonwealth or within its jurisdiction.
Means any moving of earth materials from one place to another
place other than such movement incidental to grading, when such movement
results in destroying the vegetative ground cover either by tracking
or the buildup of earth materials to the extent that erosion and sedimentation
will result from the soil or earth materials over which such transporting
occurs.
Means the volume equal to the first one-half inch of runoff
multiplied by the impervious surface of the land development project.
A.
Pursuant to § 10.1-562 of the Code of Virginia, the City
of Colonial Heights hereby adopts the regulations, references, guidelines,
standards and specifications promulgated by the Board for the effective
control of soil erosion and sediment deposition to prevent the unreasonable
degradation of properties, stream channels, waters and other natural
resources. Such regulations, references, guidelines, standards and
specifications for erosion and sediment control are included in, but
not limited to, the Virginia Erosion and Sediment Control Regulations
and the Virginia Erosion and Sediment Control Handbook, as amended.
B.
Before adopting or revising regulations, the City shall give due
notice and conduct a public hearing on the proposed or revised regulations,
except that a public hearing shall not be required when the City is
amending its program to conform to revisions in the state program.
However, a public hearing shall be held if the City proposes or revises
regulations that are more stringent than the state program.
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In addition, in accordance with § 10.1-561 of the
Code of Virginia, stream restoration and relocation projects that
incorporate natural channel design concepts are not man-made channels
and shall be exempt from any flow rate capacity and velocity requirements
for natural or man-made channels.
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In accordance with § 10.1-561 of the Code of Virginia,
any land-disturbing activity that provides for stormwater management
intended to address any flow rate capacity and velocity requirements
for natural or man-made channels shall satisfy the flow rate capacity
and velocity requirements for natural or man-made channels if the
practices are designed to (i) detain the water quality volume and
to release it over 48 hours; (ii) detain and release over a 24-hour
period the expected rainfall resulting from the one year, 24-hour
storm; and (iii) reduce the allowable peak flow rate resulting from
the 1.5, 2, and 10-year, 24-hour storms to a level that is less than
or equal to the peak flow rate from the site assuming it was in a
good forested condition, achieved through multiplication of the forested
peak flow rate by a reduction factor that is equal to the runoff volume
from the site when it was in a good forested condition divided by
the runoff volume from the site in its proposed condition, and shall
be exempt from any flow rate capacity and velocity requirements for
natural or man-made channels.
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C.
Pursuant to § 10.1-561.1 of the Code of Virginia, an erosion
control plan shall not be approved until it is reviewed by a certified
plan reviewer. Inspections of land-disturbing activities shall be
conducted by a certified inspector. The City's Erosion Control
Program shall contain a certified program administrator, a certified
plan reviewer, and a certified inspector, who may be the same person.
D.
The City hereby designates the Department of Public Works as the
plan-approving authority.
E.
The program and regulations provided for in this Chapter shall be
made available for public inspection at the office of the Department
of Public Works.
A.
Except as provided herein, no person may engage in any land-disturbing
activity until he or she has submitted to the Department of Public
Works for the City an erosion and sediment control plan for the land-disturbing
activity and such plan has been approved by the plan-approving authority.
Where land-disturbing activities involve lands under the jurisdiction
of more than one local control program, an erosion and sediment control
plan, at the option of the applicant, may be submitted to the Board
for review and approval rather than to each jurisdiction concerned.
Where the land-disturbing activity results from the construction of
a single-family residence, an agreement in lieu of a plan may be substituted
for an erosion and sediment control plan if executed by the plan-approving
authority.
B.
The standards contained within the "Virginia Erosion and Sediment
Control Regulations," and the Virginia Erosion and Sediment Control
Handbook as amended are to be used by the applicant when making a
submittal under the provisions of this ordinance and in the preparation
of an erosion and sediment control plan. The plan-approving authority,
in considering the adequacy of a submitted plan, shall be guided by
the same standards, regulations and guidelines. When the standards
vary between the publications, the State regulations shall take precedence.
C.
The plan-approving authority shall review conservation plans submitted
to it and grant written approval within 45 days of the receipt of
the plan if it determines that the plan meets the requirements of
the Board's regulations and if the person responsible for carrying
out the plan certifies that he will properly perform the conservation
measures included in the plan and will conform to the provisions of
this article. In addition, as a prerequisite to engaging in the land-disturbing
activities shown on the approved plan, the person responsible for
carrying out the plan shall provide the name of an individual holding
a certificate of competence, to the program authority, as provided
by § 10.1-561 of the Virginia Erosion and Sediment Control
Law, who will be in charge of and responsible for carrying out the
land-disturbing activity. Failure to provide the name of an individual
holding a certificate of competence prior to engaging in land-disturbing
activities may result in revocation of the approval of the plan and
the person responsible for carrying out the plan shall be subject
to the penalties provided in this ordinance.
D.
The plan shall be acted upon within 45 days from receipt thereof
by either approving the plan in writing or by disapproving the plan
in writing and giving specific reasons for its disapproval.
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When the plan is determined to be inadequate, the plan-approving
authority shall specify such modifications, terms and conditions that
will permit approval of the plan. If no action is taken within 45
days, the plan shall be deemed approved and the person authorized
to proceed with the proposed activity.
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E.
An approved plan may be changed by the plan-approving authority when:
(1)
The inspection reveals that the plan is inadequate to satisfy applicable
regulations; or
(2)
The person responsible for carrying out the plan finds that because
of changed circumstances or for other reasons the approved plan cannot
be effectively carried out, and proposed amendments to the plan, consistent
with the requirements of this ordinance, are agreed to by the plan-approving
authority and the person responsible for carrying out the plans.
F.
The plan-approving authority may waive or modify any of the standards
that are deemed to be too restrictive for site conditions, by granting
a variance. A variance may be granted under these conditions:
(1)
At the time of plan submission, an applicant may request a variance
to become part of the approved erosion and sediment control plan.
The applicant shall explain the reasons for requesting variances in
writing. Specific variances which are allowed by the plan-approving
authority shall be documented in the plan.
(2)
During construction, the person responsible for implementing the
approved plan may request a variance in writing from the plan-approving
authority. The plan-approving authority shall respond in writing either
approving or disapproving such a request. If the plan-approving authority
does not approve a variance within 10 days of receipt of the request,
the request shall be considered to be disapproved. Following disapproval,
the applicant may resubmit a variance request with additional documentation.
G.
In order to prevent further erosion, the City of Colonial Heights
may require approval of a plan for any land identified in the local
program as an erosion impact area.
H.
When land-disturbing activity will be required of a contractor performing
construction work pursuant to a construction contract, the preparation,
submission, and approval of an erosion and sediment control plan shall
be the responsibility of the owner.
I.
In accordance with the procedure set forth by § 10.1-563
(E) of the Code of Virginia, any person engaging, in more then one
jurisdiction, in the creation and operation of wetland mitigation
or stream restoration banks, which have been approved and are operated
in accordance with applicable federal and state guidance, laws, or
regulations for the establishment, use, and operation of wetland mitigation
or stream restoration banks, pursuant to a mitigation banking instrument
signed by the Department of Environmental Quality, the Marine Resources
Commission, or the U.S. Army Corps of Engineers, may, at the option
of that person, file general erosion and sediment control specifications
for wetland mitigation or stream restoration banks annually with the
Board for review and approval consistent with guidelines established
by the Board.
J.
State agency projects are exempt from the provisions of this ordinance
except as provided for in the Code of Virginia, § 10.1-564.
A.
Agencies authorized under any other law to issue grading, building,
or other permits for activities involving land-disturbing activities
may not issue any such permit unless the applicant submits with his
application an approved erosion and sediment control plan and certification
that the plan will be followed.
B.
No person may engage in any land-disturbing activity until he has
acquired a land-disturbing permit, unless the proposed land-disturbing
activity is specifically exempt from the provisions of this ordinance,
and he has paid the fees and posted the required bond.
C.
An administrative fee of $500.00 for projects involving one acre
or less, plus $25.00 per acre of land, or part thereof, in excess
of one acre, up to a maximum of $750.00, shall be paid to the City
of Colonial Heights at the time of submission of the erosion and sediment
control plan.
D.
For resubmission of all or part of an erosion and sediment control
plan for any development for which plan approval has previously been
granted, there shall be a fee of $350.00 unless the resubmittal was
requested by or on behalf of the City.
E.
No land-disturbing permit shall be issued until the applicant submits
with his application an approved erosion and sediment control plan
and certification that the plan will be followed.
F.
All applicants for permits shall provide to the City a performance
bond, cash escrow, or an irrevocable letter of credit acceptable to
the Program Administrator, to ensure that measures could be taken
by the City of Colonial Heights at the applicant's expense should
the applicant fail, after proper notice, within the time specified
to initiate or maintain appropriate conservation measures required
of him by the approved plan as a result of his land-disturbing activity.
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The amount of the bond or other security for performance shall
not exceed the total of the estimated cost to initiate and maintain
appropriate conservation action based on unit price for new public
or private sector construction in the City and a reasonable allowance
for estimated administrative costs and inflation. Should it be necessary
for the City to take such conservation action, the City may collect
from the applicant any costs in excess of the amount of the surety
held.
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Within 60 days of adequate stabilization, as determined by the
Department of Public Works in any project or section of a project,
such bond, cash escrow or letter of credit, or the unexpended or unobligated
portion thereof, shall be either refunded to the applicant or terminated,
based upon the percentage of stabilization accomplished in the project
or project section. These requirements are in addition to all other
provisions relating to the issuance of permits and are not intended
to otherwise affect the requirements for such permits.
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A.
The City of Colonial Heights may require the person responsible for
carrying out the plan to monitor the land-disturbing activity. The
person responsible for carrying out the plan will maintain records
of these inspections and maintenance, to ensure compliance with the
approved plan and to determine whether the measures required in the
plan are effective in controlling erosion and sedimentation.
B.
The Department of Public Works shall periodically inspect the land-disturbing
activity in accordance with § 4 VAC50-30-60 of the Virginia
Erosion and Sediment Control Regulations to ensure compliance with
the approved plan and to determine whether the measures required in
the plan are effective in controlling erosion and sedimentation. The
owner, permittee, or person responsible for carrying out the plan
shall be given notice of the inspection.
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If the Program Administrator determines that there is a failure
to comply with the plan, notice shall be served upon the permittee
or 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.
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The notice shall specify the measures needed to comply with
the plan and shall specify the time within which such measures shall
be completed. Upon failure to comply within the specified time, the
permit may be revoked and the permittee or person responsible for
carrying out the plan shall be deemed to be in violation of this Chapter
and shall be subject to the penalties provided by this Chapter.
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C.
Upon determination of a violation of this Chapter, the Program Administrator
may, in conjunction with or subsequent to a notice to comply as specified
in this ordinance, issue an order requiring that all or part of the
land-disturbing activities permitted on the site be stopped until
the specified corrective measures have been taken.
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If land-disturbing activities have commenced without an approved
plan, the Program Administrator may, in conjunction with or subsequent
to a notice to comply as specified in this ordinance, issue an order
requiring that all of the land-disturbing activities be stopped until
an approved plan or any required permits are obtained.
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Where the alleged noncompliance is causing or is in imminent
danger of causing harmful erosion of lands or sediment deposition
in waters within the watersheds of the Commonwealth, or where the
land-disturbing activities have commenced without an approved plan
or any required permits, such an order may be issued without regard
to whether the permittee has been issued a notice to comply as specified
in this Chapter. Otherwise, such an order may be issued only after
the permittee has failed to comply with such a notice to comply.
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The order shall be served in the same manner as a notice to
comply, and shall remain in effect for a period of seven days from
the date of service pending application by the enforcing authority
or permit holder for appropriate relief to the Circuit Court of the
City of Colonial Heights.
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If the alleged violator has not obtained an approved plan or
any required permits within seven days from the date of service of
the order, the Program Administrator may issue an order to the owner
requiring that all construction and other work on the site, other
than corrective measures, be stopped until an approved plan and any
required permits have been obtained. Such an order shall be served
upon the owner by registered or certified mail to the address specified
in the permit application or the land records of the City.
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The owner may appeal the issuance of an order to the Circuit
Court of the City.
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Any person violating or failing, neglecting or refusing to obey
an order issued by the Program Administrator may be compelled in a
proceeding instituted in the Circuit Court of the City to obey same
and to comply therewith by injunction, mandamus or other appropriate
remedy. Upon completion and approval of corrective action, or obtaining
an approved plan or any required permits, the order shall immediately
be lifted.
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Nothing in this section shall prevent the Program Administrator
from taking any other action authorized by this ordinance.
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A.
(1)
A civil penalty of at least $100, but not more than $1,000, may be
assessed against an owner of property for a violation of this Chapter;
provided that a civil penalty of $1,000 shall be assessed for commencement
of land-disturbing activities without an approval plan. Each day during
which the violation exists shall constitute a separate offense. In
no event shall a series of specified violations arising from the same
set of facts result in civil penalties which exceed a total of $10,000.
The assessment of civil penalties according to this Chapter shall
not be applied toward the cost of the installation of conservation
measures required on the approved erosion and sediment control plan
and/or any other measures deemed necessary by the Program Administrator,
shall be in lieu of criminal sanctions, and shall preclude the prosecution
of any such violation as a misdemeanor.
(2)
The Program Administrator shall prepare an erosion and sediment control
civil violation summons for use in enforcing the provisions of this
Chapter. Such notice shall contain the following information:
(a)
The name and address of the person charged;
(b)
The nature of the violation and the minimum standards and specifications
that are not being met;
(c)
The location and dates that the violation occurred or was observed;
(d)
The amount of the civil penalty established for the violation;
(e)
The manner, location, and time that the civil penalty may be
paid to the City; and
(f)
A statement that it is the right of the recipient of the notice
to elect to stand trial for the infraction and the date of such trial.
(3)
The Program Administrator shall have the option of serving upon the owner or permittee of the site upon which the violation occurred the civil violation summons, without issuing the notice to comply provided for in this Chapter. However, the notice of civil violation shall be served without issuing the notice to comply only in circumstances where the owner or his designated agent has demonstrated an unwillingness to comply with the environmental engineer's verbal instruction to comply. The notice of civil violation shall be served in the same manner described in Subsection B of § 241-6 of this Chapter.
(4)
Should a civil violation summons be issued as provided in this Chapter,
it shall provide that any person issued the summons may, within five
working days of receipt of the summons, elect to pay the civil penalty
by making an appearance in person or by certified mail to the Colonial
Heights Treasurer's Office, and by such appearance may enter
a waiver of trial, admit liability, and pay the civil penalty established
for the violation charged and provide that a signature to an admission
of liability shall have the same force and effect as a judgment in
court; however, an admission shall not be deemed a criminal conviction
for any purpose.
(5)
If a person charged with a civil violation summons does not enter
a waiver of trial and admit liability, the Program Administrator shall
cause the sheriff's department to serve the summons on the owner
or permittee. The General District Court shall conduct a trial on
the scheduled date and enter judgment on the summons.
(6)
Failure to pay the civil penalty, or to contest the violation, within
the time period prescribed herein, shall result in the immediate issuance
of a stop work order and revocation of the permit.
B.
The Program Administrator, or the owner of property which has sustained
damage or which is in imminent danger of being damaged, may apply
to the Circuit Court of the City of Colonial Heights to enjoin a violation
or a threatened violation of this ordinance, without the necessity
of showing that an adequate remedy at law does not exist.
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However, an owner of property shall not apply for injunctive
relief unless (i) he has notified in writing the person who has violated
the local program, and the program authority, that a violation of
the local program has caused, or creates a probability of causing,
damage to his property; and (ii) neither the person who has violated
the local program nor the program authority has taken corrective action
within fifteen days to eliminate the conditions which have caused,
or create the probability of causing, damage to his property.
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C.
Any person who violates any provision of this Chapter may be liable
to the City 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
injunction, mandamus or other remedy obtained pursuant to this section
shall be subject, in the discretion of the court, to a civil penalty
not to exceed $2,000 for each violation. A civil action for such violation
or failure may be brought by the City.
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Any civil penalties assessed by a court shall be paid into the
treasury of the City of Colonial Heights, except that where the violator
is the locality itself, or its agent, the court shall direct the penalty
to be paid into the state treasury.
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E.
With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this Chapter, the City may provide for the payment of civil charges for violations in specific sums, not to exceed $2,000 per violation. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection D.
F.
The City Attorney shall, upon request of the City, take legal action
to enforce the provisions of this Chapter, if there is probable cause
to believe that a violation has occurred.
G.
Compliance with the provisions of this Chapter shall be prima facie
evidence in any legal or equitable proceeding for damages caused by
erosion, siltation or sedimentation that all requirements of law have
been met, and the complaining party must show negligence in order
to recover any damages.
A.
Any applicant under the provisions of this Chapter who is aggrieved
by any action of the City of Colonial Heights or its agent in disapproving
plans submitted pursuant to this Chapter shall have the right to apply
for and receive a review of such action by the City Council provided
an appeal is filed within 30 days from the date of the action. Any
applicant who seeks an appeal hearing before the City Council shall
be heard at the next regularly scheduled City Council public hearing,
provided that the City Council and other involved parties have at
least 30 days prior notice. In reviewing the agent's actions,
the City Council shall consider evidence and opinions presented by
the aggrieved applicant and agent. After considering the evidence
and opinions, the City Council may affirm, reverse or modify the action.
The City Council's decision shall be final, subject only to review
by the Circuit Court of the City.
B.
Final decisions of the City under this Chapter shall be subject to
review by the City of Colonial Heights Circuit Court, provided an
appeal is filed within 30 days from the date of any written decision
adversely affecting the rights, duties, or privileges of the person
engaging in or proposing to engage in land-disturbing activities.
