[HISTORY: Adopted by the Town Council of the Town of Appomattox 4-11-1994 as Ch. 34, Art. III of the 1994 Code. Amendments noted where applicable.]
STATE LAW REFERENCES
Erosion and Sediment Control Law, Code of Virginia, § 10.1-560 et seq.; local erosion and sediment control programs, Code of Virginia, § 10.1-562; authorization for more stringent regulations, Code of Virginia, § 10.1-570; stormwater management, Code of Virginia, §§ 10.1-603.3, 15.2-2114; extraterritorial powers in prevention of water pollution, Code of Virginia, § 15.2-2109; contracts relating to prevention of water pollution, Code of Virginia, § 15.2-2124.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- The official designated by the Town's governing body to serve as its agent to administer this chapter.
- Any activity which removes the vegetative ground cover, including, but not limited to, tree removal, root mat removal and/or topsoil removal.
- DISTRICT or SOIL AND WATER CONSERVATION DISTRICT
- A political subdivision of this commonwealth organized in accordance with the provisions of Code of Virginia, § 10.1-506 et seq.
- EROSION AND SEDIMENTATION CONTROL PLAN or PLAN
- A document containing material for the conservation of soil and water resources of a unit or a 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 to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.
- Any digging, scooping or other method of removing earth materials.
- Any depositing or stockpiling of earth materials.
- 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 waters or onto lands, including, but not limited to, clearing, grading, excavating, transporting and filling of land.
- LAND DISTURBING PERMIT
- A permit issued by the Town for clearing, filling, excavating, grading or transporting, or any combination thereof.
- LICENSED DESIGN PROFESSIONAL
- A professional engineer, land surveyor or landscape architect certified
and licensed by the Commonwealth of Virginia, pursuant to Article 1 (Code
of Virginia, § 54.1-400 et seq.) of Chapter 4 of Title 54 of the
Code of Virginia, 1950, as amended.[Added 3-28-2006]
- PLAN APPROVING AUTHORITY
- The Town Council.
- Any moving of earth materials from one place to another, 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.
State law reference: Definitions, Code of Virginia, § 10.1-560.
The purpose of this chapter is to provide for, both during and following development, the control of erosion and sedimentation, to establish procedures for the administration and enforcement of such controls and to comply with Code of Virginia, § 10.1-560 et seq.
State law reference: Purposes of erosion and sediment control regulations, Code of Virginia, § 10.1-561.
Except as provided for in § 96-6 or in Code of Virginia, § 10.1-564, no person may engage in any land disturbing activity until such person has submitted to the plan approving authority and has had reviewed by and has had approved by the building official an erosion and sediment control plan for such land disturbing activity.
It is the intent of this chapter to be an adjunct to both the subdivision and zoning ordinances of the Town wherein such apply to the development and subdivision of land within the jurisdiction of the Town or wherein such apply to development on previously subdivided land within the jurisdiction of the Town.
Inspection and enforcement of this chapter shall rest with the administrator.
A violation of this chapter shall constitute a class l misdemeanor.
State law reference: Similar provisions, Code of Virginia, § 10.1-569 A.
In no instance shall the provisions of this chapter be construed to apply to the following:
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 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 gas, 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, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation;
Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;
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 provisions of the Dam Safety Act (Code of Virginia, § 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation;
Disturbed land areas of less than 5,000 square feet in size;
Installation of fence and signposts or telephone and electric poles and other kinds of posts or poles;
Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the state marine resources commission or the United States Army Corps of Engineers; 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.
State law reference: Similar provisions, Code of Virginia, § 10.1-560.
An erosion and sedimentation control plan shall be submitted to the administrator in duplicate. Such plan shall detail those methods and techniques to be utilized in the control of erosion and sedimentation. As a minimum, the erosion and sedimentation control plan shall follow the format detailed on pages 7 through 11, inclusive, of part II of the Virginia Erosion and Sediment Control Handbook, Second Edition, dated 1980, and as may be amended from time to time, and shall be certified by a licensed design professional as meeting all standards outlined in such handbook and all requirements outlined in this chapter.
An erosion and sedimentation plan submitted under the provisions of this chapter will be acted on in 45 days from receipt by either approving or disapproving such plan in writing and giving specific reasons for disapproval. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. If no formal action has been taken by the plan approving authority in 45 days after receipt of such plan, the plan shall be deemed approved.
All control measures required by the provisions of this chapter shall be undertaken at the expense of the owner or his agent and pending such actual provision thereof, the owner or his agent shall execute and file with the administrator, prior to issuance of the land disturbing permit, an agreement and bond in an amount determined by the administrator to be equal to the approximate total cost of providing erosion and sedimentation control improvements, with surety approved by the Town Attorney, guaranteeing that the required control measures will be properly and satisfactorily undertaken.
If the Town takes conservation action upon the failure by the owner or his agent to undertake the required control measures, the Town may collect from the owner or his agent for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within 60 days of the achievement of adequate stabilization of the land disturbing activity, the bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.
State law reference: Performance bond, Code of Virginia, § 10.1-565.
Except as provided in § 96-6, no person shall engage in any land disturbing activity as defined in § 96-1 within the Town until he has acquired a land disturbing permit. Issuance of a land disturbing permit is conditioned on an approved erosion and sediment control plan (or certification of such) which shall be presented at the time of application for such a permit and, in addition, fulfillment of the requirements of § 96-9 concerning a performance bond, cash escrow, letter of credit, any combination thereof or such other legal arrangement as is acceptable under the provisions of such section and to the fees levied in this chapter for land disturbing activities.
An approved erosion and sedimentation plan may be amended by the plan approving authority if on-site inspection indicates that the approved control measures are not effective in controlling erosion and sedimentation or, because of changed circumstances, the approved plan cannot be carried out; provided that such amendments are agreed to by persons responsible for carrying out the plan.
Final decisions of the administrator or the plan approving authority under this chapter shall be subject to review by the governing body of the Town, provided an appeal is filed within 30 days from the date of any written decision by the administrator or the plan approving authority.
Final decisions of the governing body under this chapter shall be subject to review by the circuit court of the county, provided an appeal is filed within 30 days from the date of the final written decision.
State law reference: Appeals, Code of Virginia, § 10.1-568.
Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages.
State law reference: Similar provisions, Code of Virginia, § 10.1-569 H.