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:
AGREEMENT IN LIEU OF A PLAN
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.
APPLICANT
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.
BOARD
The Virginia Soil and Water Conservation Board.
CERTIFIED INSPECTOR
An employee or agent of Northumberland County who:
A.
Holds a certificate of competence from the Board
in the area of project inspection; or
B.
Is enrolled in the Board's training program
for project inspection and successfully completes such program within
one year after enrollment.
CERTIFIED PLAN REVIEWER
An employee or agent of Northumberland County who:
A.
Holds a certificate of competence from the Board
in the area of plan review;
B.
Is enrolled in the Board's training program
for plan review and successfully completes such program within one
year after enrollment; or
C.
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.
CERTIFIED PROGRAM ADMINISTRATOR
An employee or agent of Northumberland County who:
A.
Holds a certificate of competence from the Board
in the area of program administration; or
B.
Is enrolled in the Board's training program
for program administration and successfully completes such program
within one year after enrollment.
CHESAPEAKE BAY PRESERVATION AREA
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.
A.
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.
B.
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.
C.
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.
CLEARING
Any activity which removes the vegetative ground cover, including
but not limited to the removal, root mat removal and/or topsoil removal.
COUNTY
The County of Northumberland.
DEPARTMENT
The Department of Conservation and Recreation.
DEVELOPMENT
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.
DIRECTOR
The Director of the Department of Conservation and Recreation.
EROSION AND SEDIMENT CONTROL PLAN or PLAN
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.
EROSION IMPACT AREA
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.
EXCAVATING
Any digging, scooping or other methods of removing earth
materials.
FILLING
Any depositing or stockpiling of earth materials.
GOVERNING BODY
The Board of Supervisors of Northumberland County, Virginia.
GRADING
Any excavating or filling of earth materials, or any combination
thereof, including the land in its excavated or filled condition.
LAND-DISTURBING ACTIVITY
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:
A.
Minor land-disturbing activities, such as home
gardens and individual home landscaping, repairs and maintenance work;
B.
Individual service connections;
C.
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;
D.
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;
F.
Exploration or drilling for oil and/or including
the well site, roads, feeder lines and off-site disposal areas;
G.
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;
H.
Repair or rebuilding of the tracks, rights-of-way,
bridges, communication facilities and other related structures and
facilities of a railroad company;
I.
Disturbed land areas of less than 2,500 square
feet in size;
J.
Installation of fence and sign posts or telephone
and electric poles and other kinds of posts or poles;
K.
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
L.
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.
LAND-DISTURBING PERMIT
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.
LOCAL EROSION AND SEDIMENT CONTROL PROGRAM or LOCAL CONTROL
PROGRAM
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.
NATURAL CHANNEL DESIGN CONCEPTS
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.
OWNER
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.
PEAK FLOW RATE
The maximum instantaneous flow from a given storm condition
at a particular location.
PERMITTEE
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.
PERSON
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.
PLAN-APPROVING AUTHORITY
The plan-approving authority responsible for the administration
of this chapter shall be the Zoning Administrator or designee.
PROGRAM AUTHORITY
The governing body which has adopted a soil erosion and sediment
control program that has been approved by the Board.
RESPONSIBLE LAND DISTURBER
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:
A.
Holds a responsible land disturber certificate
of competence,
B.
Holds a current certificate of competence from
the Board in the areas of combined administration, program administration,
inspection, or plan review;
C.
Holds a current contractor certificate of competence
for erosion and sediment control; or
D.
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.
RUNOFF VOLUME
The volume of water that runs off the land development project
from a prescribed storm event.
STATE WATERS
All waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdiction.
SUBDIVISION
Any subdivision of land as defined Chapter
128, Subdivision of Land.
TRANSPORTING
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.
WATER QUALITY VOLUME
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.