This article shall be known as the "Erosion and Sediment Control
Ordinance of Appomattox County." The purpose of this article is to
prevent degradation of properties, stream channels, waters and other
natural resources of the County of Appomattox by establishing requirements
for the control of soil erosion, sediment deposition and nonagricultural
and sylvan runoff and by establishing procedures whereby these requirements
shall be administered and enforced.
This article is authorized by the Code of Virginia, Title 62.1, Chapter
3.1, Article 2.4 (§ 62.1-44.15:51 et seq.), known as the "Virginia Erosion and Sediment Control Law." Such Article provides for a comprehensive statewide program with standards and guidelines to control soil erosion and sedimentation which is implemented on the local level.
As used in this article, unless the context clearly requires
a different meaning, the terms used shall have the meanings as set
forth in § 62.1-44.15:51 of the Code of Virginia. The following
terms shall have the meanings indicated:
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 or requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
BOARD
The Virginia Water Control Board.
CERTIFIED INSPECTOR
An employee or agent of a program authority 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 a program authority 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 (§ 54.1-400
et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
CERTIFIED PROGRAM ADMINISTRATOR
An employee or agent of a program authority 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.
CLEARING
Any activity which removes the vegetative ground cover, including
but not limited to root mat removal or topsoil removal.
COUNTY
The County of Appomattox.
DEPARTMENT
The Department of Environmental Quality.
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 units.
DIRECTOR
The Director of the Department of Environmental Quality.
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 and
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.
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 of 5,000 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 material.
GRADING
Any excavating or filling of earth material 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 those activities listed in § 19.3-5C of
this article.
LAND-DISTURBING PERMIT
A permit issued by Appomattox County 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 Appomattox
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 County Planner or agent responsible for determining the
adequacy of a plan submitted for land-disturbing activities on a unit
or units of lands and for approving plans.
PROGRAM AUTHORITY
The County of Appomattox 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 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 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.
TRANSPORTING
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.
WATER QUALITY VOLUME
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.
Construction, installation, or maintenance of electric and telephone
utility lines and natural gas pipelines and the tracks, rights-of-way,
bridges, communication facilities, and other related structures and
facilities of railroad companies must be conducted pursuant to § 62.1-44.15:55D,
Code of Virginia.
Final decision of Appomattox County under this article shall
be subject to review by the Circuit Court of Appomattox County, 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.