[HISTORY: Adopted by the Board of Supervisors
of Northumberland County 5-10-1990; amended in its entirety 8-14-2008. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Erosion
and Sediment Control Ordinance of Northumberland County, Virginia."
The purpose of this chapter is to prevent degradation
of properties, stream channels, water and other natural resources
of Northumberland County 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:
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.
Any person submitting an erosion and sediment control plan
for approval, requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
The Virginia Soil and Water Conservation Board.
An employee or agent of Northumberland County who:
An employee or agent of Northumberland County who:
Holds a certificate of competence from the Board
in the area of plan review;
Is enrolled in the Board's training program
for plan review and successfully completes such program within one
year after enrollment; or
Is licensed as a professional engineer, architect,
certified landscape architect or land surveyor pursuant to Article
1 of Chapter 4 of Title 54.1 (§ 54.1-400 et seq.) of the
Code of Virginia.
An employee or agent of Northumberland County who:
Any land designated by a local government pursuant to Part
III of the Chesapeake Bay Preservation Area Designation and Management
Regulations and § 10.1-2107 of the Code of Virginia. A Chesapeake
Bay Preservation Area shall consist of a Resource Protection Area
and a Resource Management Area.
RESOURCE MANAGEMENT AREAThat component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area as designated by the governing body.
RESOURCE PROTECTION AREAThat component of the Chesapeake Bay Preservation Area comprised of lands at or near the shoreline that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.
BUFFER AREASAn area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances.
Any activity which removes the vegetative ground cover, including
but not limited to the removal, root mat removal and/or topsoil removal.
The County of Northumberland.
The Department of Conservation and Recreation.
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.
The Director of the Department of Conservation and Recreation.
The Northern Neck Soil and Water Conservation District, a political subdivision of the commonwealth organized in accordance with Title 21, Chapter 1, of the Virginia Code.
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, 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
set forth in this chapter.
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 10,000 square
feet or less used for residential purposes or to shorelines where
the erosion results from wave action or other coastal processes.
Any digging, scooping or other methods of removing earth
materials.
Any depositing or stockpiling of earth materials.
The Board of Supervisors of Northumberland County, Virginia.
Any excavating or filling of earth materials, or any combination
thereof, including the land in its excavated or filled condition.
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:
Minor land-disturbing activities, such as home
gardens and individual home landscaping, repairs and maintenance work;
Individual service connections;
Installation, maintenance or repair of any underground
public utility lines when such activity occurs on an existing hard-surfaced
road, street or sidewalk, provided that the land-disturbing activity
is confined to the area of the road, street or sidewalk which is hard-surfaced;
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;
Surface or deep mining;
Exploration or drilling for oil and/or including
the well site, roads, feeder lines and off-site disposal areas;
Tilling, planting or harvesting of agricultural, horticultural or forest crops or livestock feedlot operations, including 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 the 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;
Repair or rebuilding of the tracks, rights-of-way,
bridges, communication facilities and other related structures and
facilities of a railroad company;
Disturbed land areas of less than 2,500 square
feet in size;
Installation of fence and sign posts or telephone
and electric poles and other kinds of posts or poles;
Shoreline erosion control projects on tidal
waters when the projects are approved by the Northumberland County
Wetlands Board, 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 chapter;
and
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.
A permit issued by the County of Northumberland for the clearing,
filling, excavating, grading or transporting of land or for any combination
thereof or for any purpose set forth herein.
An outline of the various methods employed by Northumberland
County 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.
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.
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.
The maximum instantaneous flow from a given storm condition
at a particular location.
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.
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.
The plan-approving authority responsible for the administration
of this chapter shall be the Zoning Administrator or designee.
The governing body which has adopted a soil erosion and sediment
control program that has been approved by the Board.
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:
Holds a responsible land disturber certificate
of competence,
Holds a current certificate of competence from
the Board in the areas of combined administration, program administration,
inspection, or plan review;
Holds a current contractor certificate of competence
for erosion and sediment control; or
Is licensed in Virginia as a professional engineer,
architect, certified landscape architect or land surveyor pursuant
to Article 1 of Chapter 4 of Title 54.1 (§ 54.1-400 et seq.)
of the Code of Virginia.
The volume of water that runs off the land development project
from a prescribed storm event.
A noncommercial dwelling that is occupied exclusively by
one family.
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.
All waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdiction.
Any subdivision of land as defined Chapter 128, Subdivision of Land.
Any moving of earth materials from one place to another,
other than such movement incidental to grading, when such a 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.
The volume equal to the first 1/2 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 governing body hereby adopts the regulations, references, guidelines,
standards and specifications promulgated by the Board and the Chesapeake
Bay Preservation Area Designation and Management Regulations 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 governing
body 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 governing body is amending its program to conform
to revisions in the state program. However, a public hearing shall
be held if the governing body proposes or revises 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:
(1)
Detain the water quality volume and to release it
over 48 hours;
(2)
Detain and release over a twenty-four-hour period
the expected rainfall resulting from the one-year, twenty-four-hour
storm; and
(3)
Reduce the allowable peak flow rate resulting from
the 1.5-, two-, and ten-year, twenty-four-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.
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 governing body shall contain a certified program
administrator, a certified plan reviewer, and a certified inspector,
who may be the same person.
D.
The governing body hereby designates the Zoning Administrator
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 Building
and Zoning.
A.
Except as provided herein, no person may engage in
any land-disturbing activity until he or she has submitted to the
Office of Building and Zoning for Northumberland County 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," the Virginia Erosion
and Sediment Control Handbook as amended and the Chesapeake
Bay Preservation Area Designation and Management Regulations are to
be used by the applicant when making a submittal under the provisions
of this chapter 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 chapter. However, the plan-approving
authority may waive the certificate of competence requirement for
an agreement in lieu of a plan for construction of a single-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 chapter.
D.
The plan shall be acted upon within 45 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 45 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 chapter, 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 resubmit a variance request with additional documentation.
G.
In order to prevent further erosion, the governing
body 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 § 10.1-563E
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 guidelines established by the Board.
J.
State agency projects are exempt from the provisions
of this chapter 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 chapter, and has paid the fees and posted the required bond.
C.
An administrative fee established under the Code of Northumberland County § 68-1, Schedule of permit and other fees, shall be paid to the Treasurer of Northumberland County at the time of submission of the erosion and sediment control plan.
D.
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.
E.
Security for performance.
(1)
All applicants for permits shall provide to the governing
body a performance bond, cash escrow, or an irrevocable letter of
credit acceptable to the Zoning Administrator, to ensure that measures
could be taken by the governing body 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.
(2)
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
25% of the cost of the conservation action. Should it be necessary
for the governing body to take such conservation action, the governing
body may collect from the applicant any costs in excess of the amount
of the surety held
(3)
Within 60 days of adequate stabilization, as determined
by the Office of Building and Zoning 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.
A.
The governing body 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.
Inspections; notice to comply.
(1)
The certified inspector shall periodically inspect
the land-disturbing activity in accordance with Section 4VAC50-30-60
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.
(2)
If the certified inspector 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.
(3)
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.
C.
Stop-work order.
(1)
Upon determination of a violation of this chapter,
the certified inspector may, in conjunction with or subsequent to
a notice to comply as specified in this chapter, 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.
(2)
If land-disturbing activities have commenced without
an approved plan, the certified inspector may, in conjunction with
or subsequent to a notice to comply as specified in this chapter,
issue an order requiring that all of the land-disturbing activities
be stopped until an approved plan or any required permits are obtained.
(3)
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.
(4)
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 Northumberland County.
(5)
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 certified inspector 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 Northumberland County.
(6)
The owner may appeal the issuance of an order to the
Circuit Court of Northumberland County.
(7)
Any person violating or failing, neglecting or refusing
to obey an order issued by the certified inspector may be compelled
in a proceeding instituted in the Circuit Court of Northumberland
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.
(8)
Nothing in this section shall prevent the certified
inspector from taking any other action authorized by this chapter.
A.
Violators of this chapter shall be guilty of a Class
I misdemeanor.
B.
Any person who violates any provision of this chapter
shall, upon a finding of the District Court of Northumberland County,
be assessed a civil penalty. The civil penalty for any one violation
shall be not less than $100 nor more than $1,000, 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 $10,000, 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.
C.
The certified inspector, 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 Northumberland County to
enjoin a violation or a threatened violation of this chapter, 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:
(1)
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
(2)
Neither the person who has violated the local program
nor the program authority has taken corrective action within 15 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 chapter, any person who violates any provision of this chapter
may be liable to Northumberland County 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 governing
body. Any civil penalties assessed by a court shall be paid into the
treasury of Northumberland County, 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 chapter, the governing body 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 certified inspector or the permit-issuing authority, take legal
action to enforce the provisions of this chapter.
H.
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 provision of this chapter
who is aggrieved by any action of the governing body 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
Northumberland County Board of Supervisors, provided that an appeal
is filed within 30 days from the date of the action. Any applicant
who seeks an appeal hearing before the Northumberland County Board
of Supervisors shall be heard at the next regularly scheduled public
hearing, provided that the Board of Supervisors and other involved
parties have at least 30 days' prior notice. In reviewing the agent's
actions, the Board of Supervisors shall consider evidence and opinions
presented by the aggrieved applicant and agent. After considering
the evidence and opinions, the Board of Supervisors may affirm, reverse
or modify the action. The Board of Supervisor's decision shall be
final, subject only to review by the Circuit Court of Northumberland
County.
B.
Final decisions of the governing body under this chapter
shall be subject to review by the Northumberland County Circuit Court,
provided that 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.
