(a)

PURPOSE OF SECTION. The Governing Body of the City, acting pursuant to Chapter 13 of Title 28.2 of the Code of Virginia, for purposes of fulfilling the policy standards set forth in such chapter, adopts this chapter regulating the use and development of tidal wetlands.

(b)

REGULATIONS. The wetlands Zoning Ordinance set forth in Code of Virginia, § 28.2-1302 is hereby adopted as the Wetlands Zoning Ordinance of the City of Suffolk.

(c)

PERMIT APPROVING AUTHORITY. There is hereby created the Suffolk Wetlands Board to exercise all of the powers of a Wetlands Board set forth in this Ordinance and in the Wetlands Act, Chapter 13 of Title 28.2 of the Code of Virginia.

(d)

ENFORCEMENT AUTHORITY. The Suffolk Wetlands Board shall have all the enforcement powers set forth in Article 4 of Chapter 13 of Title 28.2 of the Code of Virginia. Any person who knowingly, intentionally, negligently or continually violates any rule or regulations of this Section shall be guilty of a misdemeanor.

(e)

FEES. Applicants shall pay fees based on the City's then current schedule of fees as adopted by the City Council to help defray the cost of program administration, including advertising, site inspection and enforcement. Any property owner who is found to be in violation of the wetlands regulation may apply for an after-the-act permit which shall also require an application fee based on the City's then current schedule of fees as adopted by the City Council.

(f)

PENALTIES. Violation of any regulation or order of the Suffolk Wetlands Board or any provision of Title 28.2, Chapter 13 of the Code of Virginia shall be subject to any civil penalties as provided by state law.

(g)

REVIEW OF WETLANDS BOARD DECISION. The Virginia Marine Resources Commission reviews all decisions of the board and hears all appeals of the Board's actions consistent with Section 28.2-1311 of the Code of Virginia.

(Ord. No. 14-O-072, 6-18-2014)