[HISTORY: Adopted by the Board of Supervisors of Amelia County 2-16-1994. Amendments noted where applicable.]
A.
This chapter shall be known as the "Soil Erosion and Sediment Control
Ordinance of the County of Amelia, Virginia."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The County of Amelia Board of Supervisors has determined that the
lands and waters comprising the watersheds of the County are valuable
and important natural resources, which provide subsistence life, and
in the public interest, demand reasonable preservation. The purpose
of this chapter is to prevent to the greatest practical extent the
erosion of land and sediment deposition in waters within the watersheds
of the County, so that said waters remain unpolluted and unspoiled
to such a degree that fish and aquatic life, recreation and other
uses of the land and water will not be adversely affected, and further,
to preserve the natural agricultural or forestal productivity of the
land. The purpose of this chapter is also to conserve the land, water,
air and other natural resources of the County by establishing requirements
for the control of erosion and sedimentation, and by establishing
procedures whereby these requirements shall be administered and enforced.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter is authorized by the Code of Virginia 1950, as
amended, Title 62.1, Chapter 3.1, Article 2.4 (§ 62.1-44.15:51
et seq.), known as "Erosion and Sediment Control Law."
As used in this chapter the following terms shall have the meanings
indicated, unless the context requires a different meaning:
The County Administrator who is the person in charge of the
County of Amelia Erosion and Sediment Control Program.
A contract between the Erosion and Sediment Control Administrator
and the owner which specifies conservation measures which must be
implemented in the construction of a single-family residence; this
contract may be executed by the Erosion and Sediment Control Administrator
in lieu of a formal site plan.
[Amended 4-17-1996; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
The Virginia Soil and Water Conservation Board.
Any activity which removes the vegetative ground cover including,
but not limited to, root mat removal or topsoil removal.
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, and 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.
The County of Amelia.
A term applied to land that has been physically disturbed
and no longer supports vegetative cover.
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 units.
The directors of the Piedmont Soil and Water Conservation
District or its staff, and their successors.
The Piedmont Soil and Water Conservation District, a political subdivision of the commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter 5 of Title 10.1, Code of Virginia.
Refers to denuded land that is not actively being brought
to a desired grade or condition.
The Virginia Erosion and Sediment Control Handbook with such
amendments as may, from time to time, be properly adopted.
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 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 County of Amelia Board of Supervisors.
Any excavating of or filling with earth material or any combination
thereof, including the land in its excavated or filled conditions.
The Soil Erosion Inspector who acts as the Erosion and Sediment
Control Administrator.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A person engaged in land disturbing activity as defined herein.
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 state, 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 such 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 gas including the well site,
roads, feeder lines, and off-site disposal areas;
Tilling, planting, or harvesting of agricultural, horticultural,
or forest crops and products, or livestock feedlot operations, including
engineering operations as follows: construction of terraces, terrace
outlets, check dams, desilting basins, floodwater retarding structures,
channel improvements, dikes, ponds, ditches, strip cropping, lister
furrowing, contour cultivating, contour furrowing, land drainage,
and land irrigation;
Agricultural engineering operations including but not limited to the 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 Title 10.1 of the Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Repair or rebuilding of the tracks, right-of-way, bridges, communication
facilities and other related structures and facilities of a railroad
company;
Disturbed land areas of less than 10,000 square feet;
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 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 chapter and the regulations adopted pursuant thereto;
[Amended 7-16-2003]
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 office of
the County Administrator;
[Amended 5-16-2007]
Construction, installation, or maintenance of electric, telephone,
and cable utility lines;
Any state agency that undertakes a project involving a land
disturbing activity pursuant to § 62.1-44.15:56, Code of
Virginia 1950, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A permit issued by the County of Amelia for the clearing,
filling, excavating, grading, transferring or any combination thereof
or for any purpose set forth herein.
An outline or explanation of the various elements or methods
employed by the County of Amelia to regulate land disturbing activities
and thereby minimize erosion and sedimentation in compliance with
the state program and may include such items as local ordinance, 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.
[Amended 5-16-2007]
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.
[Amended 5-16-2007]
The office of the County Administrator.
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 office of the County Administrator, which is responsible
for determining the adequacy of a conservation plan submitted for
land disturbing activities on a unit or units of land and for approving
plans.
[Amended 5-16-2007]
Refers to conditions that may be reasonable expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land.
Refers to conditions at the time the erosion and sediment
control plan is submitted to the plan approving authority. Where phased
development or plan approval occurs (preliminary grading, roads and
utilities, etc.), the existing conditions at the time the erosion
and sediment control plan for the initial phase is submitted for approval
shall establish predevelopment conditions.
Amelia County, which has adopted a soil erosion and sediment
control program that has been approved by the Board.
[Amended 5-16-2007]
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:
[Amended 5-16-2007]
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 § 54.1-400,
Code of Virginia 1950, as amended.
The volume of water that runs off the land development project
from a prescribed storm event.
[Amended 5-16-2007]
A noncommercial dwelling that is occupied exclusively by
one family.
An area that can be expected to withstand normal exposure
to atmospheric conditions without incurring erosion damage.
The standards adopted by the conservation district officials,
pursuant to § 62.1-44.15:51, Code of Virginia 1950, as amended,
and the Virginia Erosion and Sediment Control Handbook.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The program administered by the Virginia Soil and Water Conservation
Board pursuant to the State Code 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 jurisdictions.
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 vegetation ground cover either by tracking
or the buildup of earth materials to the extent that the 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.
[Amended 5-16-2007]
A.
The County of Amelia hereby adopts the regulations promulgated by
the Virginia Soil and Water Conservation Board pursuant to § 62.1-44.15:54,
Code of Virginia 1950, as amended, for the effective control of soil
erosion, sediment deposition and nonagricultural runoff to prevent
the unreasonable degradation of properties, stream channels, waters
and other natural resources. The Virginia Erosion and Sediment Control
Regulations and the Virginia Erosion and Sediment Control Handbook,
as amended periodically, are adopted as the standards, reference and
guidelines for the local program.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The County of Amelia designates the office of the County Administrator
as the plan approving authority.
C.
The program and regulations provided for in this chapter shall be
made available for public inspection at the office of the County Administrator.
D.
In accordance with § 62.1-44.15:52, Code of Virginia 1950,
as amended, 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.
[Amended 5-16-2007; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
In accordance with § 62.1-44.15:52, Code of Virginia 1950,
as amended, 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 detain the water quality volume and
to release it over 48 hours; detain and release over a twenty-four-hour
period the expected rainfall resulting from the one-year, twenty-four-hour
storm; and 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.
[Amended 5-16-2007; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Except as provided herein, no person shall engage in any land disturbing activity until he/she has submitted to the office of the County Administrator an erosion and sediment control plan for land disturbing activity and such plan has been approved by the plan approving authority and a land disturbing permit issued therefor. It is the intent of this chapter to be an adjunct to both Chapter 314, Subdivision of Land, and Chapter 325, Zoning, wherein such applies to the development of previously subdivided land within the County of Amelia. Where land disturbing activities involve lands under the jurisdiction or 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.
B.
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 authorized
by the Erosion and Sediment Control Administrator.
[Amended 4-17-1996; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Any person who intends to undertake land disturbing activity, as
cited in this chapter, shall submit, to the office of the County Administrator,
two copies of a conservation plan for control of soil erosion and
sedimentation. Upon receipt of the plan, one copy of such plan shall
be referred to the plan approving authority. The plan approving authority
shall, within 45 days, approve any such 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/she
will properly perform the erosion and sediment control measures included
in the plan and will conform to the provisions of this chapter.
D.
As a prerequisite to approval of the plan and engaging in the land
disturbing activities shown on the approved plan, the person responsible
for carrying out the plan shall provide the name of the individual
holding a certificate of competence to the program authority, as provided
by § 62.1-44.15:52, Code of Virginia, 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, any 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 § 62.1-44.15:52, Code of Virginia.
Failure to provide the name of an individual holding a certificate
of competence shall be a violation of this chapter.
[Amended 7-16-2003; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
The standards contained within the Virginia Erosion and Sediment
Control Regulations and the Virginia Erosion and Sediment Control
Handbook 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.
F.
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 a
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.
G.
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 plan.
H.
In order to prevent further erosion, Amelia County may require approval
of a conservation plan for any land identified in the local program
as an erosion impact area.
I.
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.
J.
Utility and railroad companies.
(1)
Whenever electric and telephone utility companies or railroad companies undertake any of the activities included in Subsection J(1)(a) and (b) of this section, they shall be considered exempt from the provisions of this chapter. However, they shall file general erosion and sediment control specifications annually with the Virginia Soil and Water Conservation Board.
(2)
Projects not included in Subsection J(1)(a) and (b) of this section shall comply with the requirements of the County of Amelia Erosion and Sediment Control Program, pursuant to § 62.1-44.15:55D, Code of Virginia 1950, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
State agency projects are exempt from the provisions of this chapter
except as provided for in § 62.1-44.15:56, Code of Virginia
1950, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
L.
In accordance with the procedure set forth by § 62.1-44.15:55E,
Code of Virginia 1950, as amended, 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.
[Amended 5-16-2007; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
No person shall engage in any land disturbing activity until he/she
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.
B.
Fees. A plan review and inspection fee shall be paid to the Treasurer
of Amelia County at the time of filing erosion and sediment control
plans in the amount required by the fee schedule maintained in the
Office of the County Administrator. After holding public hearings
as required by the Code of Virginia 1950, as amended, the fee schedule
may be amended from time to time to cover reasonable administrative
costs incurred in the administration of this chapter of the Code of
Amelia County.
[Amended 5-16-2007]
C.
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. An approved plan
is required for issuance of grading, building or other permits.
D.
Bond. All applicants for permits shall provide to the County of Amelia
a performance bond, cash escrow, or an irrevocable letter of credit
acceptable to the County Administrator to ensure that measures could
be taken by the County of Amelia at the applicant's expense should
the applicant fail within the time specified to initiate or maintain
appropriate conservation measures required of him/her as a result
of his/her land disturbing activity. Should it be necessary for the
County of Amelia to take such conservation action, the County of Amelia
may collect from the applicant any costs in excess of the amount of
the surety held. Within 60 days of the achievement of adequate stabilization,
as determined by the County Administrator, such bond, cash escrow
or letter of credit, or the unexpended or unobligated portion thereof,
shall be either refunded to the applicant or terminated. 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 program authority shall provide for an inspection during or immediately
following initial installation of erosion and sediment controls, at
least once in every two-week period, within 48 hours following any
runoff producing storm event, and at the completion of the project
prior to the release of any performance bonds. The program authority
also requires that an individual holding a certificate of competence,
as provided by § 62.1-44.15:52, Code of Virginia, be designated
who will be in charge of and responsible for carrying out the land
disturbing activity and may require monitoring and reports from the
person responsible for carrying out the plan to insure compliance
with the approved plan and to determine whether the measures required
in the plan are effective in controlling erosion and sediment. However,
any plan approving authority my waive the certificate of competence
requirement for an agreement in lieu of a plan for construction of
a single-family residence. The owner, occupier or operator shall be
given an opportunity to accompany the inspector. If the Erosion and
Sediment Control 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. 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, upon
conviction, shall be subject to the penalties provided by this chapter.
[Amended 5-16-2007; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Upon determination of a violation of this chapter, the Erosion and
Sediment Control Administrator 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
If land disturbing activities have commenced without an approved
plan, the Erosion and Sediment Control Administrator 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.
(2)
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.
(3)
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 County of
Amelia.
(4)
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 Erosion and Sediment Control Administrator may issue an
order to the owner requiring that all construction and other work
on 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 County
of Amelia.
(5)
The owner may appeal the issuance of an order to the Circuit Court
of the County of Amelia.
(6)
Any person violating or failing, neglecting or refusing to obey an
order issued by the Erosion and Sediment Control Administrator may
be compelled in a proceeding instituted in the Circuit Court of the
County of Amelia 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.
(7)
Nothing in this section shall prevent the Erosion and Sediment Control
Administrator from taking any other action authorized by this chapter.
A.
Violators of this chapter shall be guilty of a Class 1 misdemeanor.
B.
Any person who violates any provision of this chapter shall, upon
a finding of the District Court of the County of Amelia, be assessed
a civil penalty. The civil penalty for any one violation shall be
$100, 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.
C.
The Erosion and Sediment Control Administrator may apply to the Circuit
Court of the County of Amelia 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
In addition to any criminal penalties provided under this chapter,
any person who violates any provision of this chapter may be liable
to the County of Amelia 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 County of Amelia. Any civil penalties
assessed by a court shall be paid into the treasury of the County
of Amelia, 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 County of Amelia 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.
An attorney selected by the governing body shall, upon request of
the Board of Supervisors 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.
I.
The review, approval, and enforcement of the erosion and sediment
control plans and specifications shall not constitute a representation,
guarantee, or warranty of any kind by the County, or by any official
or employee thereof, of the practicability or safety of any structure,
use, or other plan proposed and shall create no liability upon or
cause of action against such public body, official, or employee for
any damage that may result pursuant thereto.
A.
Any applicant under the provision of this chapter who is aggrieved
by any action of the County of Amelia 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 County of Amelia Board
of Supervisors. In reviewing the agent's actions, the governing body
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 Supervisors' decision shall be final, subject only to review by
the Circuit Court of the County of Amelia. Any applicant may seek
an appeal hearing before the governing body, provided that the Board
of Supervisors and other involved parties have at least 30 days' prior
notice.
B.
Final decisions of the County of Amelia under this chapter shall
be subject to review by the County of Amelia 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.
Should any section or provision of this chapter be decided by
a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the validity of this chapter as a whole,
or any part thereof other than the part so held to be unconstitutional
or invalid.
[Amended 5-16-2007]
This chapter was duly considered, following a required public
hearing held on February 16, 1994, and was adopted by the County of
Amelia Board of Supervisors at its regular meeting held on February
16, 1994. This chapter shall be effective upon adoption and subsequent
amendments thereto, as follows: April 17, 1996, October 17, 2001,
July 16, 2003 and May 16, 2007.
