HomeMy WebLinkAbout2007-08I T I°
Ordinance 2007-08
Amending the Pulaski Code of Ordinances Article IV §38-211-08 thru 224
Regarding Erosion and Sediment Control
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Adopted: June 5, 2007
Effective: June 5, 2007
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ORDINANCE 2007-08
Amending the Pulaski Code of Ordinances
Article IV §38-211 thru 224
Regarding Erosion and Sediment Control
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WHEREAS, the Town Council wishes to participate in the State Erosion and Sediment
Control Program to prevent degradation of the streams and properties in the Town by
erosion, runoff, and sediment deposits, and
WHEREAS, the Department of Conservation and Recreation has made available to the
localities within the Commonwealth, an erosion and sediment control ordinance that will
meet the requirements of the State Erosion and Sediment Control Program;
NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski,
sitting in regular session this 5th day of June 2007, that the Code of Ordinances Article
IV §38-211 thru 224, regarding erosion and sediment control measures and procedures, is
hereby amended and replaced in its entirety as set forth in Attachment A affixed hereto
and made expressly part of this ordinance.
This ordinance is effective upon adoption and is adopted this 5`h day of June 2007 by
recorded vote of the Town Council as follows:
Jeffrey S. Worrell -Aye
Dan Talbert, Jr. -Aye
Lane R. Penn -Aye
Joel B. Burchett, Jr. -Aye
David L. Clark -Aye
Larry G. Clevinger, II -Aye
THE TOWN OF PULASKI, VIRGINIA
ATTEST:
G~
Patricia Cruise, Clerk of Council
BY:
ar es L. Wade, ayor
ORDINANCE 2004-32
Ordinance Amending § 38, Article IV of the Town Code of the Town of
Pulaski, Virginia Regarding Erosion and Sediment Control
Attachment A
Section 38-211 TITLE. PURPOSE. AND AUTHORITY
This ordinance shall be known as the "Erosion and Sediment Control Ordinance of the Town of
Pulaski, Virginia." The purpose of this chapter is to prevent degradation of properties, stream
channels, waters and other natural resources of the Town of Pulaski 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 Via, Title 10.1, Chapter 5, Article 4 (§ 10.1-560 et
seq.), known as the Virginia Erosion and Sediment Control Law.
Section 38-212. DEFINITIONS: As used in the ordinance, unless the context requires a different meaning:
A. "Agreement in lieu of a plan" 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.
R "Applicant" 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.
C. "Board" means the Virginia Soil and Water Conservation Board.
D. "Certified inspector" 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.
E. "Certified plan reviewer" 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.
F. "Certified program administrator" 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.
G. "City" is not applicable to this ordinance.
H. "Clearing" means any activity which removes the vegetative ground cover including, but not
limited to, root mat removal or top soil removal.
• I. "County" means the County of Pulaski.
J. "Department" means the Department of Conservation and Recreation.
K "Development" 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.
L. "Director" means the director of the Department.
M. "District" or "Soil and Water Conservation District" refers to the Skyline Soil and Water
Conservation District.
N. "Erosion and Sediment Control Plan" or "Plan" 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 to assure that the entire unit or units of land will be
so treated to achieve the conservation objectives.
"Erosion Impact Area" 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 defmition shall not apply to any lot or parcel of land of 10,000
square feet or less used for residential purposes.
P. "Excavating" means any digging, scooping or other methods of removing earth materials.
Q. "Filling" means any depositing or stockpiling of earth materials.
R. "Grading" means any excavating or filling of earth material or any combination thereof, including
• the land in its excavated or filled conditions.
S. Land-disturbing Activity" 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:
(1) Minor land-disturbing activities such as home gardens and individual home landscaping,
repairs and maintenance work;
(2) Individual service connections;
(3) Installation, maintenance, or repair of any underground public utility lines when such
activity occurs on an existing hard-surfaced road, street or sidewalk provided such land-
disturbing activity is confined to the area of the road, street or sidewalk which is hard-
surfaced;
(4) 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;
(5) Surface or deep mining;
(6) Exploration or drilling for oil and gas including the well site, roads, feeder lines, and
off-site disposal areas;
(7) 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, 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 this title or is
converted to bona fide agricultural or improved pasture use as described in Subsection B of
§ 10.1-1163;
(8) Repair or rebuilding of the tracks, rights-of--way, bridges, communication facilities and other
related structures and facilities of a raikoad company;
(9) Disturbed land areas of less than 10,000 square feet in size.
(10) Installation offence and sign posts or telephone and electric poles and other kinds of posts or
poles;
(11) 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
(12) Emergency work to protect life, limb or property, and emergency repairs; provided that 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.
T. "Land-disturbing Permit" means a permit issued by the Town of Pulaski for the clearing, filling,
excavating, grading, transporting of land or for any combination thereof or for any purpose set
forth herein.
U. "Local erosion and sediment control program" or "local control program" means an outline of the
various methods employed by the Town of Pulaski 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.
V. "Natural channel design concepts" 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 bankfull storm event within its
banks and allows larger flows to access its bankfull bench and its floodplain.
W. "Owner" 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.
X. "Peak Flow rate" means the maximum instantaneous flow from a given storm condition at a
particular location.
Y. "Permittee" 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.
Z. "Person" 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.
AA. "Plan-approving authority" means the Engineering Department of the Town of Pulaski which is
responsible for determining the adequacy of a plan submitted for land-disturbing activities on a
unit or units of lands and for approving plans.
BB "Program authority" means the Town of Pulaski, Virginia or the Town of Pulaski; which has
adopted a soil erosion and sediment control program approved by the Board.
CC "Responsible Land Disturber" means an individual from the project or development team, who will
be in charge of and responsible for carrying out gland-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.
DD "Runoff volume" means the volume of water that runs off the land development project from a
prescribed Storm event.
EE. "Single-family residence" means a noncommercial dwelling that is occupied exclusively by one
family.
FF. "State Erosion and Sediment Control Program" or "State Program" 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.
GG. "State Waters" means all waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdictions.
HH. "Town" means the incorporated Town of Pulaski, Virginia, also referred to as the Town of
Pulaski.
II. "Transporting" 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.
(optional or local definition)
JJ "Water Quality Volume" means the volume equal to the first one-half of runoff multiplied by the
Impervious surface of the land development project.
Section 38-213. LOCAL EROSION AND SEDIMENT CONTROL PROGRAM
A. Pursuant to § 10.1-562 of the Code of Virginia, the Town of Pulaski 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. Said 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 Town of Pulaski 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 Town of Pulaski is amending its program to conform to revisions in the state
program. However, a public hearing shall be held if the Town of Pulaski proposes or revises
ti• .~
• regulations that are more stringent than the state program.
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.
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 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.
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 Erosion Control Program of the Town of Pulaski shalt
contain a certified program administrator, a certified plan reviewer, and a certified inspector, who
maybe the same person.
D. The Town of Pulaski hereby designates the Engineering Department as the plan-approving
authority.
• E. The program and regulations provided for in this ordinance shall be made available for public
inspection at the office of the Engineering Department.
Section 38-214. SUBMISSION AND APPROVAL OF PLANS; CONTENTS OF PLANS
A. Except as provided herein, no person may engage in any land-disturbing activity until he or she
has submitted to the Engineering Department for the Town of Pulaski 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 fox review and approval rather than to each jurisdiction
concerned. Where the land-disturbing activity results from the construction of asingle-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", the
Virginia Erosion and Sediment Control Handbook 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-
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. 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.
However, the Engineering Department may waive the certificate of competence requirement for
an agreement in lieu of a plan for construction of asingle-family residence. If a violation occurs
during the land-disturbing activity, then the person responsible for carrying out the agreement in
lieu of a plan shall correct the violation and provide the name of an individual holding a certificate
of competence, as provided by § 10.1-561 of the Virginia Erosion and Sediment Control Law.
Failure to provide the name of an individual holding a certificate of competence shall be a
violation of this ordinance.
D. The plan shall be acted upon within 4S days from receipt thereof by either approving said plan in
writing or by disapproving said plan in writing and giving specific reasons for its disapproval.
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 4S days, the plan shall be deemed approved and the person authorized to proceed with the
proposed activity.
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. Variances: 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 submit a variance request with additional documentation.
G. In order to prevent further erosion, the Town of Pulaski 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 the creation and operation of wetland mitigation banks in multiple jurisdictions, 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 mitigation banks, pursuant to a
permit issued 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 banks annually with the Board for review
and approval consistent with guideljnes established by the Board.
State agency projects are exempt from the provisions of this ordinance except as provided for in
the Code of Virginia, §10. 1-564. DCR is the plan-approving authority for State Agency projects.
The State Soil and Water Conservation Board shall approve linear utility and railroad projects.
Section 38-215. PERMITS; FEES; SECURITY FOR PERFORMANCE
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 aland-disturbing
permit, unless the proposed land-disturbing activity is specifically exempt from the provisions of
this ordinance, and has paid the fees and posted the required bond.
C. No person may engage in any land-disturbing activity until a Responsible Land Disturber has been
• designated and approved by the Town.
D. An administrative fee of shall be paid to the Town of Pulaski, Virginia, according to the attached
Land Disturbing Permit Fee Schedule, at the time of submission of the erosion and sediment
control plan,
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 Town of Pulaski a performance bond, cash escrow,
or an irrevocable letter of credit acceptable to the Town Engineer, to ensure that measures could
be taken by the Town of Pulaski 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 as a result of his land-disturbing activity.
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 locality and a reasonable allowance for estimated
administrative costs and inflation which shall not exceed twenty-five percent of the cost of the
conservation action. Should it be necessary for the Town of Pulaski to take such conservation
action, the Town of Pulaski 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 Town Engineer 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.
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• G. 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.
Section 38-216. MONITORING. REPORTS. AND INSPECTIONS
A. The Town of Pulaski 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 Engineering Department shall periodically inspect the land-disturbing activity in accordance
with Sec 4VAC5O-30-60B 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, pernuttee, or person responsible for
carrying out the plan shall be given notice of the inspection.
If the Town Engineer 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.
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 ordinance and shall be subject to the penalties provided by this
ordinance.
C. Upon determination of a violation of this ordinance, the Town Engineer 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.
If land-disturbing activities have commenced without an approved plan, the Town Engineer 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.
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 regazd to whether the permittee has been issued a notice to
comply as specified in this ordinance. Otherwise, such an order may be issued only after the
permittee has failed to comply with such a notice to comply.
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 Pulaski County.
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 Town Engineer 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 Town of Pulaski, Virginia.
• The owner may appeal the issuance of an order to the Circuit Court of Pulaski County.
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• Any person violating or failing, neglecting or refusing to obey an order issued by the Town
Engineer may be compelled in a proceeding instituted in the Circuit Court of Pulaski County 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.
Nothing in this section shall prevent the Town Engineer from taking any other action authorized
by this ordinance.
Section 38-217. PENALTIES. INJUNCTIONS. AND OTHER LEGAL ACTIONS
A. Violators of this ordinance shall be guilty of a Class I misdemeanor.
B. Any person who violates any provision of this ordinance shall, upon a fording of the District Court
of Pulaski County, be assessed a civil penalty. The civil penalty for any one violation shall be
$140, except that the civil penalty for commencement of land-disturbing activities without an
approved plan shall be $1,000. Each day during which the violation is found to have existed shall
constitute a separate offense. In no event shall a series of specified violations arising from the
same operative set of facts result in civil penalties which exceed a total of $3,000, except that a
series of violations arising from the commencement of land-disturbing activities without an
approved plan for any site shall not result in civil penalties which exceed a total of $10,000.
NOTE; The adoption of civil penalties according to this schedule shall he in lieu of criminal
sanctions and shall preclude the prosecution of such violation as a misdemeanor under
subsection A of this section. Refer to Code of Vir inia, Sec. 10.1-562 J.
• C. The Town Engineer, or the owner or property which has sustained damage or which is in
imminent danger of being damaged, may apply to the Circuit Court of Pulaski County 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.
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.
D. In addition to any criminal penalties provided under this ordinance, any person who violates any
provision of this ordinance may be liable to the Town of Pulaski, in a civil action for damages.
E. 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
Town of Pulaski.
Any civil penalties assessed by a court shall be paid into the treasury of the Town of Pulaski,
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.
F. 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 ordinance, the Town of Pulaski may
provide for the payment of civil charges for violations in specific sums, not to exceed the limit
specified in Subsection E of this section. Such civil charges shall be instead of any appropriate
• civil penalty which could be imposed under Subsection E.
G. The Commonwealth's Attorney shall, upon request of the Town of Pulaski or the permit issuing
authority, take legal action to enforce the provisions of this ordinance.
H. Compliance with the provisions of this ordinance 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.
Section 38-218. APPEALS AND JUDICIAL REVIEW
A. Any applicant under the provision of this ordinance who is aggrieved by any action of the Town of
Pulaski or its agent in disapproving plans submitted pursuant to this ordinance shall have the right
to apply for and receive a review of such action by the Town Council provided an appeal is filed
within 30 days from the date of the action. Any applicant who seeks an appeal hearing before the
Town Council shall be heard at the next regularly scheduled Town Council public hearing
provided that the Town Council and other involved parties have at least 30 days prior notice. In
reviewing the agent's actions, the Town Council shall consider evidence and opinions presented
by the aggrieved applicant and agent. After considering the evidence and opinions, the Town
Council may affirrn, reverse or modify the action. The Town Council's decision shall be final,
subject only to review by the Circuit Court of Pulaski County.
B Final decisions of the Town of Pulaski under this ordinance shall be subject to review by the
Pulaski County 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.
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Section 38-219. REPEALED.
Section 38-220. REPEALED.
Section 38-221. REPEALED.
Section 38-222. REPEALED.
Section 38-223. REPEALED.
Section 38-224. REPEALED.
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I, Patricia Cruise, Clerk of Council, certify that the forgoing Ordinance
2007-08 Amending the Pulaski Code of Ordinances Article IV §38-211-08
thru 224 Regarding Erosion and Sediment Control is a true and correct copy
as adopted by the Pulaski Town Council at their regular meeting on 3une 5,
2007.
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Patricia Cruise, Clerk of Council
TC/c/ordinanceJcertification 2007-08